HARJIT SINGH Vs. PARGAT SINGH

JUDGEMENT

(1.) Instant civil revision has been filed under Art. 227 of the Constitution of India for setting aside the order dated 18.02.2013 (Annexure P-5) passed by learned Additional Civil Judge (Sr. Divn.), Gurdaspur whereby application moved by the petitioner under Order 26 Rule 9 Code of Civil Procedure for appointment of local commission has been dismissed.

(2.) Brief facts necessary for disposal of this revision petition are to the effect that the petitioner-plaintiff filed suit for possession after removal of malba of land measuring 4 marlas i.e. 3 marlas min lehnda out of 5 kanals comprised in rect. no.33 killa no.19 and 1 marla min lehnda out of 18 malras comprised in rect. No.33 killa No.22/1 khewat No.639/1 and 640, khatauni No.980/1, 981 as per jamabandi for the year 2006-07, denoted with letters ABCD and shown with yellow colour in the site plan attached with the plaint. It is pleaded in the plaint that the plaintiff got the suit land demarcated by submitting application to Tehsildar, Gurdaspur who deputed Sh. Sukhwinder Singh Kanungo Halqa to make demarcation at the spot. On 04.11.2009, said Kanungo with Patwari visited the spot and made demarcation according to law in presence of both the parties and defendant was found to be in illegal possession of the suit land as shown in the site plan Naksha Tafawat. Since there was an ambiguity and the respondent has alleged that the said report cannot be accepted as he was not associated while demarcation was carried out and any demarcation at the back of a party cannot be used against him, therefore, the petitioner moved application for appointment of local commissioner which has been dismissed vide impugned order dated 18.02.2013 (Annexure P-5). Hence, this revision.

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