RAJ SINGH AND OTHERS Vs. MUKHTIAR SINGH

JUDGEMENT

(1.) Challenge in the present revision petition is to the order dated 19.11.2014 whereby, the application filed by the defendants for appointment of Local Commissioner for ascertaining the existence of residential houses in the suit land has been dismissed.

(2.) The relief sought was for appointing the revenue officials for proving the fact that residential houses of the answering defendants were situated in the suit land. The application was contested on the ground that sufficient opportunities have been taken by the defendants to lead their evidence and the present application has been filed which is not maintainable and evidence could not be created by way of appointment of Local Commissioner. The said order declining the appointment of Local Commissioner has been held not to be revisable by two Division Bench judgments of this Court in Harvinder Kaur v. Godha Ram, 1979 1 ILR(P&H) 147 and Pritam Singh and another v. Sunder Lal and others, 1990 98 PunLR 191.

(3.) In such circumstances, merely because the writ petition has been filed under Article 227 of the Constitution of India would not take away the binding precedent of the Division Bench as has been held in Sumer Chand Jain v. Vishnu Bhagwan Mangla, 2006 2 RCR(Civ) 445 and Rajiv Kumar Batra v. Kashmiri Lal Sika, 2010 6 RCR(Civ) 37.