SUNIL Vs. SURESH KUMAR

JUDGEMENT

(1.) This revision petition has been filed under Art. 227 of the Constitution of India for setting aside impugned order dated 01.09.2016 passed by Civil Judge (Junior Division)-cum-Judicial Magistrate Ist Class, Rohtak, whereby, the application for appointment of Local Commissioner was dismissed.

(2.) Briefly, the facts of the case are that plaintiffs-respondents No.1 and 2 filed a suit for permanent and mandatory injunction against the present petitioners-defendants No.1 to 3. Notice in the said suit was issued to the petitioners. Thereafter, the petitioners filed their written statement and contested the suit on the ground that the land, in dispute, is owned and possessed by petitioners/defendants No.1 to 3. They are having possession of the suit land since the time of their ancestors. During defendant's evidence, the petitioners filed an application under Order 26, Rule 9 Code of Civil Procedure for appointment of Local Commissioner on the ground that the defendants are taking contradictory stand regarding the suit land and the appointment of Local Commissioner was necessary to visit at the spot and get report regarding the existing position of the suit land.

(3.) Notice in the said application was issued to the respondents/plaintiffs and they filed their reply also. After considering the reply, the trial Court passed the impugned order dated 01.09.2016 and dismissed the application, which is subject matter of challenge in the present petition.