LAKHWINDER SINGH Vs. KASHMIR KAUR AND OTHERS

JUDGEMENT

(1.) Impugned in the present revision petition is the order dated 7.11.2017 (Annexure P-4) passed by learned Judicial Magistrate Ist Class cum Civil Judge (Junior Division), Gurdaspur, wherein an application was filed by defendant-petitioner for appointment of Local Commissioner to demarcate Killa No. 12/2/1 and submit report regarding actual and factual position of the spot and also report whether area of four marla adjoins the house and haveli of respondent or not. The claim is that said four marla has been forcibly amalgamated in the house and haveli of the plaintiffrespondent. Learned trial Court has declined the said application on the ground that case is still at the stage of evidence of the plaintiff-respondent and turn of defendant-petitioner is yet to come.

(2.) It being so, application for appointment of Local Commissioner is premature.

(3.) In view of above, present revision petition is disposed of with liberty to the defendant-petitioner to file application for appointment of Local Commissioner at the stage of his evidence. If such application is filed, same shall be considered and decided on merits, without being influenced by the fact that earlier application was disposed of by way of impugned order.