MALWINDER SINGH Vs. MANINDER SINGH

JUDGEMENT

(1.) By this petition, the petitioner challenges the order of the learned trial court [Civil Judge (Senior Division), Tarn Taran], dated 16.10.2019, vide which his application under Order 26 Rule 9 of the CPC, seeking the appointment of a Local Commissioner, was dismissed.

(2.) The petitioner is a defendant in the suit filed by respondent no. 1 herein, seeking a declaration to the effect that he is the owner in possession of a plot measuring 5 marlas bearing MC no. 8/48-A, more fully described in the plaint, which need not be really referred to for the purpose of this petition.

(3.) The application of the petitioner (copy Annexure P-3) was actually one in which he stated that in fact the suit property, though described to be a plot in the plaint, is actually a house in possession of the petitioner and his co-defendants and is divided into three parts, one part of which was in the possession of the petitioner, the other two parts being in the possession of two other co-defendants and that position would be made clear upon appointment of a Local Commissioner.