ZORA SINGH Vs. HARPREET SINGH

JUDGEMENT

(1.) Plaintiff Zora Singh has filed this revision petition under Article 227 of the Constitution of India to assail order dated 07.12.2011 Annexure P-8 passed by Civil Judge (Senior Division), Moga thereby dismissing application Annexure P-6 moved by plaintiff-petitioner under order 26 Rule 9 of the Code of Civil Procedure (in short, CPC) for appointment of local commissioner.

(2.) Plaintiff has filed suit alleging that he is owner in possession of the suit property. The defendant-respondent in his written statement has alleged that he is owner in possession of the suit property having purchased it from the plaintiff himself.

(3.) The plaintiff in his application Annexure P-6 alleged that the plaintiff has asserted his possession over the disputed house whereas the defendant has alleged his own possession over the disputed property and therefore, to ascertain actual and factual position of the house in dispute, it is essential to appoint local commissioner. The said application has been dismissed by the trial Court vide impugned order Annexure P-8 which is under challenge in the instant revision petition.