DINESH CHANDRA GAUR Vs. ABHAY SOOD

JUDGEMENT

(1.) Heard Shri Rama Shanker Singh, learned counsel for the petitioner and Shri Pritish Kumar, learned counsel for respondents no.1 to 4.

(2.) Through these proceedings instituted under Article 226 of the Constitution of India, the petitioner has attempted to impeach the order dated 26.08.2014, passed by the Court of First Additional Judge of Small Causes, Lucknow, whereby the application moved by the petitioner under Order 26 Rule 9 of the Code of Civil Procedure with the prayer to issue an appropriate direction to the Engineer-in-Chief, Public Works Department, Lucknow and Collector, Lucknow, for furnishing the panel of recognized valuer under the rules framed by the State Government for valuation of the property in suit, has been rejected. The said application, in fact, was moved by the petitioner to issue a Commission for the purposes of ascertaining the market value of the property in the suit in terms of the provisions contained in Order 26 Rule 9 of the CPC.

(3.) The facts which are necessary for disposal of the instant writ petition are summed up as under: