RAJINDER SINGH Vs. RAGHBIR SINGH AND ANOTHER

JUDGEMENT

(1.) Plaintiff is in revision aggrieved against the order dated 11.9.2013(P6) passed by the learned Civil Judge (Jr.Div.) Gurdaspur whereby his application under Order 26 Rule 9 CPC for appointment of a Local Commissioner has been dismissed.

(2.) Counsel for the petitioner heard.

(3.) It is not in dispute that the petitioner/plaintiff has filed a suit for permanent injunction seeking to restrain the defendants from encroaching upon the area of a passage as per the site plan. It is also not in dispute that both the plaintiff and defendants have had full opportunity to lead their evidence and the present application was moved after the tendering of rebuttal evidence by the plaintiff.