RASHID AHMED Vs. VAKIL AHMED

JUDGEMENT

(1.) Allowed as prayed for. Civil Revision No. 5484 of 2011 Rashid Ahmed has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 29.7.2011 passed by learned Additional Civil Judge (Senior Division), Gurgaon, thereby dismissing application Annexure P/3 moved by the defendantpetitioner for appointment of Local Commissioner.

(2.) The defendant alleged in the application that the plaintiff in the suit claimed himself to be in exclusive possession but while appearing in the witness box, the plaintiff stated in cross-examination that both plaintiff and defendant are residing in the suit property whereas in fact the defendant is in exclusive possession of the suit property and to solve this controversy, appointment of Local Commissioner is necessary.

(3.) Learned trial court vide impugned order dated 29.7.2011 dismissed the aforesaid application moved by defendant. Feeling dissatisfied, the defendant has filed the instant revision petition.