SHOBHA SAHNI Vs. PREM LATA

JUDGEMENT

(1.) AN application was moved by the plaintiff -petitioner before the Sub Judge, 1st Class, Ambala Cantt. for appointment of a Local Commissioner to record the Statement of Mohd. Akhtar or Sh. Fayez Mohd. in place of Sh. Attah Mohd. Another application was moved by the defendants for canceling the appointment of the Local Commissioner made on 14.12.1990. After detailed discussion, the trial Court vide its order dated 9.9.1993 dismissed the first application but allowed the second application.

(2.) LEARNED counsel for the respondents No.2 to 4 submitted that no relief can be granted to the petitioner in this petition on two grounds, namely, (i) amendment to proviso to Sub Section (1) Section 115 of the Code of Civil Procedure (Amendment) Act, 1999 (in short "the Code"), which has come into force since 1.7.2002 and (ii) the judgments reported as Smt. Harvinder Kaur and another v. Godha Ram and another, 1979 P.L.J. 562 and Wazir Singh v. Union of India and others, 1987 P.L.J. 327.

(3.) LOOKED from any angle, this revision fails and the same is dismissed with the observation that it shall be open to the petitioner to challenge the validity of the impugned order in appeal that he may file against the judgment and decree that may be passed in the suit as provided under Order 43 Rule 1A of the Code.