CHARANJIT KAUR SANDHU Vs. GURSEWAK SINGH

JUDGEMENT

(1.) The present revision petition has been filed by the plaintiff- petitioner challenging the order dtd. 12/5/2023 (Annexure P-5) whereby a Local Commissioner has been appointed at the very initial stage.

(2.) Brief facts relevant to the present lis are that the plaintiff- petitioner filed a suit for declaration to the effect that the plaintiff-petitioner was owner in possession of 16 kanals 04 marlas of land out of land measuring 94 kanals 16 marlas as fully described in the plaint. Written statement was filed on behalf of the defendant-respondent Nos.1, 2 and 4. Alongwith the written statement, an application was filed for appointment of a Local Commissioner to demarcate the total land. Reply was filed to the application and vide the impugned order dtd. 12/5/2023 the application has been allowed. Hence, the present revision petition.

(3.) Learned counsel for the plaintiff-petitioner would contend that the application for appointment of a Local Commissioner has been filed at the very initial stage i.e. alongwith the written statement. It is further the contention of the learned counsel that the issues in the present case are yet to be framed and the parties are yet to lead their evidence and if any Local Commissioner was to be appointed, the application ought to have been moved by the defendant-respondents at the time of leading their evidence.