RAM ASRA Vs. SURAJ BHAN AND OTHERS

JUDGEMENT

(1.) The present revision petition is directed against the impugned order dated 19.04.2011, whereby, application of the petitioner/decree-holder for cross-examination of the Local Commissioner, has been rejected.

(2.) The petitioner-decree holder instituted a suit for permanent injunction against the respondents regarding the plot nos.664 and 665 which was decreed on 22.10.1992 and in the execution proceedingsa, Local Commissioner was appointed, who submitted his report. The decree-holders are stated to have submitted the objections but in order to ascertain the truth, sought the cross-examination, which has been declined as objections qua report of the Local Commissioner were dismissed on 20.05.2009.

(3.) Learned counsel appearing on behalf of the petitioner submitted that aforementioned order is not in consonance with the provisions of Order 26 Rule 10(2) CPC.