MOHKAM SINGH Vs. RAKESH KUMAR

JUDGEMENT

(1.) By filing the instant revision-petition under Article 227 of the Constitution of India, the petitioner-defendant No.1 (here-in-after to be referred as 'defendant No.1) has assailed the order (Annexure P-1) passed by learned Civil Judge (Junior Division), Patiala (for short 'the trial Court) on 23/11/2023 in Civil Suit No.1991 of 2018 titled as 'Rakesh Kumar and ors Vs. Mohkam Singh etc', whereby the application Annexure P-13, as moved by respondents No.1 and 2-plaintiffs (here-in-after to be referred as 'the plaintiffs) for seeking the appointment of the Local Commissioner, has been allowed.

(2.) I have heard learned counsel for the petitioner-defendant No.1 in the present revision-petition, at the preliminary stage and have also gone through the file carefully.

(3.) Learned counsel for defendant No.1 has contended that it is entirely for the plaintiffs to lead cogent and trustworthy evidence on the record so as to substantiate their claim in the above-referred Civil Suit and the Court cannot facilitate the collection of evidence for them (plaintiffs), by way of appointing the Local Commissioner and in these circumstances, it becomes explicit that the impugned order is not legally sustainable and hence, the same deserves to be set-aside. To buttress her contentions, she has placed reliance upon the verdicts rendered in Meenakshi Vs. Vennila and anr. C.R.P. (PD) No.1464 of 2008 and M.P. No.1 of 2008 decided on 6/9/2008 (Madras) Law Finder Doc Id# 151040, Dhondiram Nivrutti Pawar (since deceased), through LRs and others Vs. Laxman Khashaba Pawar and others, Writ Petition No.1196 of 2017 decided on 23/1/2018 (Bombay) Law Finder Doc Id # 976542, Chinnathambi and others Vs. Anjalai C.R.P(PD) No.1721 of 2005 and C.M.P. No.19371 of 2005 decided on 22/9/2006 (Madras) Law Finder Doc Id # 657407, Kanniammal Vs. Chellamuthu, Civil Revision Petition (PD) No.3980 of 2016 decided on 8/3/2022 (Madras) Law Finder Id # 1988881, Sunil Vs. Omprakash and others, Misc. Petition No.565 of 2023 decided on 3/2/2023 (M.P) Law Finder Id # 2156489, Surinder Singh Vs. Bimal Kumar and another, CR No.4450 of 2017 decided on 18/7/2017 (P&H) Law Finder Id # 906649, Shamsher Singh and others Vs. Baljit Singh, CR No.1021 of 2021 decided on 30/4/2021 (P&H) Law Finder Doc Id # 2016598, Raj Singh and others Vs. Mukhtiar Singh, CR No.8612 of 2014 decided on 6/2/2015 (P&H) Law Finder Doc Id # 663559, Union of India Vs. M/s. Kripal Industries, CR No.124 of 1998 decided on 6/3/1998 (Raj) Law Finder Doc Id # 136357, Ashok Kumar Bansal Vs. Parmod Ashri and others, CR No.1651 of 2022 decided on 13/12/2022 (P&H) Law Finder Doc Id# 2086275, Baljit Kaur Vs. Tehal Singh and others, CR No.1603 of 2022 decided on 29/4/2022 (P&H) Law Finder Doc Id # 2019817 and Parveen Goyal and another Vs. Raghbir Singh, CR No.5729 of 2022 decided on 23/1/2023 (P&H).