HEERA SINGH Vs. PRAKASH

JUDGEMENT

(1.) THE supervisory jurisdiction of this Court under Article 227 of the Constitution of India is invoked to assail the interlocutory order passed by the trial Court dated 02.02.2015 whereby three interlocutory applications, one u/S.151 of C.P.C, second being under Order 26 Rule 9 and the third u/S. 151 C.P.C. filed by the plaintiffs have been rejected.

(2.) LEARNED counsel for the rival parties are heard.

(3.) THE first application under Section 151 of C.P.C preferred by the plaintiffs dated 25.03.2014 sought recalling of interlocutory order dated 21.11.2013 whereby direction was issued by the trial Court to recall the Revenue Inspector on the basis of certain objections made on the report of the Commissioner filed pursuant to an earlier order dated 04.01.2013. The summoning of the Revenue Inspector is sought for crossexamination. The said application was rejected on the ground that by the earlier order dated 21.11.2013, liberty was already granted to the parties to crossexamine the Revenue Inspector who made the spot inspection and since the stage of adducing of evidence, has not yet arrived, no useful purpose would be served to allow the said application under Section 151 of C.P.C.