(1.) This revision is directed against the order of the learned Civil Judge (Junior Division), Jagadhri, dated 5.5.1998. Vide, the impugned order, the lerned Trial Court dismissed the application filed by the applicant-plaintiff under Order 18, Rule 17-A of the Code of Civil Procedure.
(2.) Plaintiff, Dhararn. Pal had filed a suit for permanent injunction on the pica that he was owner in possession of the land in question and the defendants were trying lo forcibly dispossess him from the property, in question. Khasra in dispute was 268 and with the intention to prove the demarcation of the said Khasra Nos. 268, 270 and 272. the plaintiff filed the present application to place on record and prove the attested copy of the demarcation report of these Khasras, conducted by Shanti Bhushan by way of additional evidence. The application was opposed by the defendants and the learned Trial Court dismissed the application.
(3.) The bare reading of the impugned order shows that the learned Trial Court has declined the application for valid and proper reason. During the pendency of the suit, there was hardly any occasion for the applicant- plaintiff to move to the Collector for demarcation and get the demarcation report prepared through a private person i.e., Shashi Bhushan, who was no longer in service under the Collector. Certainly, the proper course for applicant was to move the learned Trial Court for appointment of a Local Commissioner, if he was so advised. The suit is pending before the learned Trial Court since 1989 and the plaintiff had led his evidence and the application was filed at the belated stage- as the report itself was prepared on 14th March, 1998.