CHINTI DEVI Vs. CHAIN SINGH AND ORS.

JUDGEMENT

(1.) THIS petition is directed against the order of the learned Civil Judge (Junior Division), Ghumarwin, whereby she rejected the application filed by the Plaintiff for appointment of a Local Commissioner.

(2.) BRIEFLY stated the facts of the case are that the Plaintiff filed a suit praying that she is owner in possession over the suit land and the Defendants have no right, title or interest in the same and be restrained from in any manner changing the nature, digging or raising construction in the suit land. In para 4 of the suit the Plaintiff made the following averments:

(3.) THIS application has been rejected vide impugned order mainly on two grounds: firstly, that the demarcation has already been given on 24.11.2004 and secondly an agreement had also been entered into between the parties which is on the file of the case. Since the demarcation already given was on the record the learned trial Court was of the view that the application could not be allowed and the applicant could not be permitted to obtain fresh demarcation and create evidence in her favour.