The High Court of Punjab & Haryana revisited an order dismissing an application for appointment of a Local Commissioner. Permission was granted to withdraw the revision petition without prejudice.
Permission granted to withdraw the revision petition with liberty to pursue remedy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CR No.5954/2011 Date of decision: 01.11.2011.
Baldev Raj
....................Petitioner
v.
Smt.Kamla Devi etc.
.....................Respondents
Coram: Hon'ble Mr.Justice Jaswant Singh
Present: Mr.R.D.Sharma,Advocate for the petitioner.
Jaswant Singh.J.(Oral)
Decree holder-petitioner who has a decree dated 27.10.2005 restraining the defendants from interfering in his possession over the suit land, has filed the present revision petition challenging the order dated 1.8.2011(P6) whereby his application under Order 26 Rule 9 CPC for appointment of a Local Commissioner has been dismissed by the learned Executing Court in the application filed by the petitioner/DH under Order 21 Rule 32 CPC alleging violation of decree.
It is evident that the learned Executing Court has declined to order for appointment of Local Commissioner on the premise that the process of the court is not to be used to collect evidence in support of the plea raised by the petitioner.
CR No.5954/2011 -2-
After arguing for sometime, learned counsel for the petitioner seeks permission to withdraw the revision petition with liberty to pursue the remedy available to him in accordance with law at appropriate stage.
Ordered accordingly.
01.11.2011 joshi
(Jaswant Singh) Ju dge
2 provisions across 1 enactments
Baldev Raj
Smt. Kamla Devi
Jaswant Singh
As recorded by the court registry
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