BALBIR DEWAN Vs. NAVEEN CHANDER

JUDGEMENT

(1.) This petition is directed against the order of the trial Court dated 24th Sept. 1988, whereby on the objection petition filed by the-defendant petitioner against the report of the local commissioner an issue was framed and the defendant was directed to produce his evidence on the said issue.

(2.) The plaintiff filed a suit for partition. He concluded his evidence and when the case was fixed for defendant's evidence he filed an application for the appointment of the local Commissioner for demarcation of the suit property as provided under Order 26 Rule 9 of the Code of Civil Procedure (for short 'the Code'). Consequently, Tehsildar, Karnal was appointed as local commissioner and he submitted his report, Objections were raised against the said report and thereafter the trial Court appointed Tehsildar (Sales) Karnal as the local commissioner who submitted his report dated 25th Nov. 1987. Against this report objections were filed by the defendant-petitioner. The main objections were that the local commissioner has not demarcated the land as per instructions of the Financial Commissioner and the High Court Rules and Orders Vol. I, Ch I-M. He also submitted that the local commissioner has not given notice to the parties and the report was submitted in their absence. Reply to the objection petition was filed by the plaintiff-respondent who took up the plea that the local commissioner has demarcated the suit land strictly in accordance with the above provisions of law and notice was given to the defendant-objector who was present and an affidavit to this effect is on the file. So there is nothing to set aside the report of the local commissioner. The objections have been filed just to delay the proceedings in the case.

(3.) The trial Court framed the following additional issue on the point of the report of the local commissioner : "Whether the report of the local Commissioner dated Aug. 23, 1988 is liable to be set aside." O.P. Objector-defendant. Dissatisfied with the same the defendant has filed this petition in this Court.