CHUHA RAM Vs. RANJIT LAI

JUDGEMENT

(1.) This revision petition under Section 115 of the Civil Procedure Code has been preferred by the petitioner/plaintiff (here -after referred to as the plaintif against the order dated May 31, 1999 passed by the learned Senior Sub Judge, Hamirpur whereby an application of the plaintiff under Section 26 Rule 9 read with Section 151 of the Civil Procedure Code for appointment of a Local Commissioner has been dismissed.

(2.) The material and admitted facts are that Civil Suit No. 411 of 1996 between the parties is pending disposal in the Court of learned Senior Sub Judge, Harnirpur. In the said suit the plaintiff moved an application for appointment of a Local Commissioner to demarcate the land in suit. The application was resisted by the respondents/defendants (here -after referred to as defendants) and after hearing the parties, the learned trial Judge dismissed the application by the impugned order. Hence, the present revision petition.

(3.) A preliminary objection has been raised for the defendants that a revision petition under Section 115 of the Civil Procedure Code is not maintainable against the impuged order.