HARPAL SINGH Vs. HARMOHINDER SINGH

JUDGEMENT

(1.) THE petitioner has challenged the two orders, one dated 16.9.2008 passed by the Additional District Judge, Chandigarh, partly accepting the appeal and the other dated 8.5.2011 passed by the Civil Judge (Jr. Division), Chandigarh, dismissing the objection petition filed qua the report of the Local Commissioner dated 25.3.2010, qua the property, regarding which preliminary decree for partition has been passed and the application for final decree was pending.

(2.) AT the very outset, learned counsel for the respondent has raised the preliminary objection that the order passed qua the report of the Local Commissioner was not amenable to revision. In this regard, he has referred to the judgment delivered by the Apex Court in the case of Rajinder & Co. vs. Union of India and others 2003 (1) R.C.R. (Civil) 755 wherein it was observed as under :-

(3.) THIS Court in case Civil Revision No. 1873 of 2010, titled as The Bassi Arkh Scheduled Caste Coop. Land Owing Society Ltd. vs. Atma Singh son of Bachan Singh and others, decided on 1.6.2011 has also observed that the order of refusal or appointment of the Local Commissioner is not amenable to revision.