TULSI RAM Vs. DHARAM CHAND AND ORS.

JUDGEMENT

(1.) BY means of this petition, the petitioner (hereinafter referred to as the plaintiff) has challenged the order dated 17.3.2010 passed by the learned Civil Judge (Senior Division), Sarkaghat whereby he rejected the objections filed by the plaintiff to the report of the Local Commissioner.

(2.) THE main ground raised in this petition is that the objections have been rejected without giving opportunity to the petitioner to lead evidence. A learned Single Judge of this Court in Gopal Dass and Ors. v. Bismanchali Latest, HLJ 2009 (HP) 959, after following the judgment in Om Parkash v. Ved Parkash and Ors. : AIR 2000 HP 45, held as follows:

(3.) IF there are objections against the report of the Local Commissioner, it is essential that the Local Commissioner should be examined and an opportunity must be given to the party objecting to the report to cross examine the Local Commissioner.