CHARANJIT SINGH Vs. SIKATTAR SINGH

JUDGEMENT

(1.) Sikattar Singh filed a suit for declaration against this brother Charanjit Singh in October, 1991. During the pendency of the suit, defendant moved an application for appointment of a Local Commissioner. The Trial Court on a consideration of the matter, dismissed the application by Order dated 24.11.1993. It is this order, which is under challenge in this revision petition.

(2.) Learned Counsel for the respondent placing reliance in the case of Smt. Harvinder Kaur & Anr. v Godha Ram & Anr., submitted that the order passed by the Trial Court on an application for the appointment of a Local Commissioner is not revisable especially when the Trial Court has refused to appoint a Local Commissioner. In the present case, as already noticed above, the Trial Court on a consideration of the matter and by observing that the plaintiff has shown the whole of the house in dispute as his ownership whereas the defendant has shown about half portion of the house in dispute as his own and the remaining half, pertaining to the plaintiff. A Commissioner cannot be appointed to report as to which of the party is in possession of the house in dispute because it would amount to delegation of the power of the Court to determine the real issue in this case, has dismissed the application for the appointment of a Local Commissioner.

(3.) In view of the Division Bench judgment of this Court, 1 see no ground to interferre with the order of the Trial Court. The civil revision is consequently dismissed. No costs.