KEHAR SINGH Vs. JAGDISH CHANDER

JUDGEMENT

(1.) Petitioner has assailed order dated 24.05.2016 (Annexure P-1) passed by Additional District Judge-I, Fatehabad declining the prayer for appointment of Local Commissioner at appellate stage under Order 26 Rule 9 read with Section 151 CPC.

(2.) Brief facts as gathered from the record are that the suit of the respondent was decreed vide judgment and decree dated 25.08.2015 by the Civil Judge (Sr. Divn.) Fatehabad against which appeal was filed by the present petitioner. In the pending appeal, appointment of Local Commissioner was sought on the ground that placement of plot No.68 viz-a-viz. Bhamba Ram Colony or M.C. Colony, Fatehabad can only be ascertained by way of inspection of site by the Local Commissioner. Secondly, whether plot No.68 is having area of 10 Marlas or 7 Marlas would also be ascertained by the Local Commissioner.

(3.) During the pendency of the suit before the trial Court, similar application was filed for appointment of Local Commissioner and the same was dismissed by the trial Court on 21.10.2014. The said order was not challenged by the petitioner in any manner.