CHANDER BHAN Vs. PARMESHWARI DEVI

JUDGEMENT

(1.) NANAK Chand son of Udho Ram had filed a suit for possession by way of partition against one Ladha Ram and Smt. Ved Piari. This suit was decreed on 28.3.1987 by the Subordinate Judge IIIrd Class, Karnal. On the basis of this preliminary decree, Nanak Chand had moved an application for final decree. For doing the needful, initially one Shri Bhagat Singh had been appointed as a Local Commissioner, who had to be removed on account of some dispute which has arisen at the spot during the inspection. Shri Zile Singh, Advocate was then appointed as the Local Commissioner to go to the spot and divide the property in question in three equal parts after calculating the total area as per site plan Mark 'X'. Some objections were raised against the report of Shri Zile Singh, which necessitated the appointment of one Shri Harish Gupta as Local Commissioner on 18.10.1993 to demarcate and divide the property as per order dated 25.4.1991.

(2.) IN compliance of this order, Shri Harish Gupta submitted his report on 12.12.1993 against which objections were filed by Chander Bhan. According to the objector, report was illegal as Local Commissioner had committed a mistake in demarcating the suit property because he had included the property owned by the objector in the suit property, in spite of the fact that said property was purchased by the objector from the Rehabilitation authorities vide sale deed dated 18.10.1985. This claim was contested on various grounds. The detail whereof need not be adverted to by me at this stage.

(3.) INSTEAD of waiting for final disposal of the objections on 1.4.1995, the petitioner has approached this Court by way of present revision petition to assail the manner in which the objections filed by the petitioner under Order XXVI Rule 14(2) of the Code of Civil Procedure (in short "the Code") have been disposed of.