AJIT SINGH AND ORS. Vs. SATPAL AND ORS.

JUDGEMENT

(1.) THE defendants are in revision against the order dated 18.10.2004 passed by the lower Appellate Court by which application filed by the plaintiff for appointment of Local Commissioner has been allowed. In brief, the plaintiff filed a suit for possession in the year 1979 which was decided on 10.06.2002. During the pendency of the appeal, the plaintiff filed an application for appointment of Local Commissioner, contested by the petitioners and allowed by the lower Appellate Court on 18.10.2004.

(2.) AT the outset, counsel for respondent No. 1 has raised an objection about the maintainability of the revision petition alleging that the order of appointment of Local Commissioner or declining the appointment of the Local Commissioner is not revisable. In support of his contention, he has relied upon a judgment of this Court in the case of Rambir Singh v. Gram Panchayat, Narhera and others, (2012 -1) 165 P.L.R. 429. It is also submitted that the lower Appellate Court had the jurisdiction to appoint the Local Commissioner suo motu if the Court is of the view that the local investigation is required. In this regard, he has relied upon a judgment of this Court in the case of Punjab Wakf Board, Ambala Cantt. v. Shri Neeko, 2004 (3) R.C.R. (Civil) 506.

(3.) I have heard learned counsel for the parties and perused the record.