WAZIR SINGH Vs. UNION OF INDIA AND OTHERS

JUDGEMENT

(1.) This revision petition under Sec. 115, Code of Civil Procedure Code, is directed against the order dated November 21, 1986, of the learned trial Court refusing to appoint a local Commissioner for demarcating the suit property.

(2.) At the threshold, an objection has been raised that no revision petition against the order declining to appoint, a local Commissioner is competent because such an order does not amount to a case decided. Reliance has been placed on a Division Bench judgment of this Court in Smt. Harvinder Kaur etc. v/s. Godha Ram, etc, I. L. R. (1979) 1 P&H. 147, wherein it has been held that "a revision would lie against an interlocutory order only if it determines or adjudicates some right or obligation of the parties in controversy. An order refusing to appoint a local Commissioner does not decide any issue nor does it adjudicate any right or obligation of the parties for the purpose of the ruit and is, therefore, not revisable "

(3.) On the other hand, Shri S. N. Saini, Advocate, learned Counsel for the Petitioner, has invited my attention to the observations of S. P. Goyal, J. in Natha Singh v/s. Bant Singh : (1979) 81 P. L. R. 484, which reads as under: