DEVA SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) The present civil revision petition has been filed under Article 227 of the Constitution of India challenging the impugned order dtd. 3/12/2019 (Annexure P-5) passed by the Additional Civil Judge (Senior Division), Bholath whereby the application filed by the plaintiff-petitioner for appointment of a Local Commissioner has been dismissed.

(2.) Brief facts relevant to the present lis are that the plaintiff-petitioner filed a civil suit for permanent injunction for restraining the defendant-respondents from constructing a bus stop in front of the Government Primary School, Kamrai, Tehsil Bholath District Kapurthala and opposite to the house of the plaintiff-petitioner. During the pendency of the civil suit, an application was filed by the plaintiff-petitioner for appointment of a Local Commissioner. Reply was filed to the said application stating therein that the application was not maintainable inasmuch as the suit was pending since 14/2/2018 and written statements had also been filed. It was after long lapse that the application for appointment of a Local Commissioner was filed. It was further stated that the Local Commissioner cannot be appointed in order to procure evidence. The said application was dismissed by the Additional Civil Judge (Senior Division), Bholath on 3/12/2019.

(3.) Learned counsel for the plaintiff-petitioner would contend that the application has wrongly been dismissed inasmuch as the appointment of a Local Commissioner would help the Court in coming to a decision by ascertaining the factual position qua the proposed bus stop. Heard.