LAWS(P&H)-2017-2-361

GAJRAJ Vs. SUBEY SINGH

Decided On February 13, 2017
GAJRAJ Appellant
V/S
Subey Singh Respondents

JUDGEMENT

(1.) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 2.12.2016 (Annexure P-1) passed by learned Civil Judge (Junior Division), Pataudi, vide which, the objections to the Demarcation Report dated 25.7.2016 filed by the petitioner as well as for appointment of another Halqa Patwari for conducting new demarcation was dismissed.

(2.) Learned counsel for the petitioner contends that the application has wrongly been dismissed and the impugned order is contrary to the ratio of judgments of this Court rendered in Balbir Dewan Cold Storage and General Mills v. Naveen Chander 1989 (1) PLR 677 , Ram Murti Goyal, Advocate and others v. Smt. Basant Kaur and others 1991 (2) RRR 142 and Roshan Lal v. Jai Singh and others 2015 (4) RCR (Civil) 1032. Learned counsel further contends that after dismissal of the application moved by the petitioner, he will not get any opportunity to move other application subsequently, in case any objection is there. The application moved by the petitioner should have been kept pending or liberty should have been given to move application subsequently.

(3.) Heard the arguments advanced by learned counsel for the petitioner and have also gone through the impugned order dated 2.12.2016.