Dismissed¶24

Baldev Singh v. Kamaljit Singh

Punjab & Haryana HC22 May 2025CR/5479/2024

Case brief

AI extract

What is this about?

Punjab & Haryana High Court; CR No.5479 of 2024 (O&M); Anil Kshetarpal, J.; decided 22.05.2025; Baldev v. Kamaljit Singh; civil revision; interlocutory order appointing local commissioner during pendency of suit; local commissioner not appointed to collect evidence but to ascertain factual position on spot; court competent to nominate local commissioner while deciding suit or appeal; enabling power aids cause of justice; revision dismissed.

What did the court decide?

The trial court did not appoint the local commissioner to collect evidence; he was appointed to ascertain the actual and factual position on the spot. ¶16

Baldev Singh Vs Kamaljit Singh — Punjab & Haryana HC (2025) — LawSathi Research

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CR No.5479 of 2024 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CR No.5479 of 2024 (O&M) Date of Order:22.05.2025

Baldev

.Petitioner

Versus

Kamaljit Singh

..Respondent

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

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Present: Mr. Sunny K. Singla, Advocate for the petitioner.

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ANIL KSHETARPAL, JUDGE (Oral)

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During the pendency of the suit, the trial court has allowed the application filed by the defendant to nominate local commissioner in order to get status report. The correctness of the aforesaid order is challenged in this revision petition.

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The learned counsel representing the petitioner submits that the Local Commissioner cannot be appointed for collecting the evidence and before framing of the issues.

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This court has considered the submissions of the learned counsel representing the petitioner.

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It is evident that the trial court has not appointed Local Commissioner to collect evidence. He has been appointed to ascertain actual and factual position on the spot.

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With regard to second contention, the learned counsel representing the petitioner failed to substantiate the contention.

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It may be noted here that while deciding the suit or the appeal,

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NARESH KUMAR 2025.05.26 14:18 I attest to the accuracy and integrity of this document

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CR No.5479 of 2024 (O&M) -2-

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the court is competent to nominate a Local Commissioner, who can visit the spot and apprise the court about actual and factual position. Such enabling power helps the courts in advancing the cause of justice.

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