SURINDER SINGH Vs. ARVINDER SINGH AND OTHERS

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India for setting aside the order dated 27.10.2014 (Annexure P-1) passed by the learned trial Court.

(2.) The petitioner has filed a civil suit for declaration of title claiming certain shares in each of the property as detailed in the suit and also to challenge the Will dated 8.1.1996, purporting to have been executed by Kirpal Singh with certain other consequential reliefs. The suit is at the stage of evidence of the defendants. Defendant-respondent No. 1-Arvinder Singh tendered his affidavit as DW-5 and his crossexamination was deferred on 12.9.2014. Defendant-respondent No. 1 filed an application under Order 26 Rule 1 read with Section 151 CPC for appointment of local commissioner to examine him at his residence. The ground taken in the application is that defendant-respondent No. 1 is suffering from severe back pain which has become so intense that he is unable to properly move or walk. He is confined to bed and, therefore, the doctor has advised him not to climb the staircase or to avoid travelling. The application of the defendant-respondent No. 1 was supported by a medical certificate alongwith documents. The prayer of the defendant was opposed by the plaintiff-petitioner. Learned trial Court allowed the said application by accepting the certificate and appointed an Advocate as Local Commissioner to record rest of the statement of defendant-respondent No. 1.

(3.) I have heard learned counsel for the petitioner and perused the impugned order as well as the paper-book.