KISHORI LAL Vs. SURESH KUMAR & ORS

JUDGEMENT

(1.) Petitioner has assailed the order dated 03.10.2016 passed by the Civil Judge (Jr. Divn.) Narnaul, whereby application filed by defendant No.1 under Order 26 Rule 9 read with Order 39 Rule 7 and Sec. 151 Code of Civil Procedure was dismissed.

(2.) I have considered the submissions made by learned counsel for the petitioner.

(3.) The issue of appointment or rejection of the Local Commissioner is not such which can be raked up under Art. 227 of the Constitution of India as no substantial right of the party is decided. In case of appointment of the Local Commissioner, his report can be attacked by way of filing objections to the admissibility, veracity and genuineness of the report prepared by him and the same can be questioned before the trial Court at the appropriate stage.