GANPAT Vs. SATVIR AND OTHERS

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 08.11.2012 passed by Additional Civil Judge (Senior Division), Mohindergarh, whereby, application filed by the petitioner for appointment of Local Commissioner has been declined.

(2.) Learned counsel for the petitioner submits that the appointment of Local Commissioner is necessary to inspect the spot and find out whether the respondents are in illegal possessions over the land in dispute or not.

(3.) Admittedly, earlier also, an application was filed by the petitioner for appointment of Local Commissioner which was not pressed and the same was dismissed. Subsequently, another application has been moved in the case when the evidence has already been concluded and despite granting numerous opportunities, the petitioner has failed to lead evidence and this application has been filed just to delay the suit proceedings.