SURINDER SINGH Vs. BIMAL KUMAR AND ANOTHER

JUDGEMENT

(1.) The plaintiff has filed this revision petition under Article 227 of the Contitution of India impugning the order passed by Civil Judge (Junior Division), Bathinda dated 05.05.2017 dismissing the application filed by the plaintiff for appointment of the Local Commissioner.

(2.) The plaintiff had filed a suit for permanent injunction seeking restraint order against the defendant No.1 from interfering into peaceful possession of the plaintiff. During the pendency of the suit as noticed above, the plaintiff filed an application for appointment of the Local Commissioner. The plaintiff had prayed for appointment of the Local Commissioner to ascertain the actual possession of the plaintiff over the house in question. It was prayed that the Local Commissioner may be appointed with a direction to visit the spot and report regarding the physical possession of the plaintiff over the house in question.

(3.) Learned Civil Judge (Junior Division), Bathinda after considering all the aspects of the matter found that the application is without merit and hence dismissed the same. The learned Civil Judge found that it is for the plaintiff to prove his case and Local Commissioner cannot be appointed to determine the possession of any of the party over the land in dispute.