HARJIT SINGH AND ANOTHER Vs. BHAJAN SINGH

JUDGEMENT

(1.) Challenge in the revision petition under Article 227 of the Constitution of India is to order dated 09.10.2017 (Annexure P6) passed by the learned Civil Judge (Junior Division), Nakodar in civil suit titled as Bhajan Singh v. Harjit Singh and another dismissing the application filed by the petitioner/plaintiff (hereinafter referred to as the petitioner ) under Order 26, Rule 9 CPC for appointment of Local Commissioner.

(2.) Brief facts of the case leading to the filing of the revision petition are that the petitioner filed a civil suit for possession of a house situated within 'lal lakeer' of abadi of village Kotla Heran, Tehsil Shahkot, District Jalandhar on the averments that the petitioner and his mother were residents of U.K. and the respondents/defendants (hereinafter referred to as the respondents) had taken forcible possession of the house in question after breaking its lock in the year 2012 and had also stolen valuable articles lying in the house in question whereupon petitioner through his attorney got FIR No. 223 dated 12.12.2013 under Sections 380, 448, 427 and 34 IPC registered against the respondents i.e. his nephew and nephew's wife at Police Station Shahkot, District Jalandhar. Challan has been filed against the respondents and they are facing trial.

(3.) On appearance in the civil suit, the respondents filed a written statement on 10.08.2016 taking up the plea that the petitioner and his mother were not owners of the suit property instead the same was owned by Joginder Singh, father of respondent No. 1 and the disputed house was part and parcel of their house.