JAGBIR SINGH Vs. RAM KISHAN

JUDGEMENT

(1.) By way of present petition filed under Article 227 of the Constitution of India, challenge has been laid to order dated 12.12.22019 (Annexure P ?4), passed by learned Civil Judge, Court No.II, Una, District Una, Himachal Pradesh, in CMA No.2987/2019 in Civil Suit No.360 of 2016, titled as Jagbir Singh vs. Ram Kishan and others, whereby an application under Order 26 Rule 9 of the Code of Civil Procedure, having been filed by the petitioner ( hereinafter Whether the reporters of the local papers may be allowed to see the judgment?'plaintiff'), praying therein to appoint Local Commissioner, came to be dismissed.

(2.) Having heard learned counsel representing the plaintiff and perused the material available on record, especially order dated 12.12.2019, passed by learned Court below, wherein it has been categorically recorded that non ? applicants/ respondents ( hereinafter defendants) have no objection in case prayer made on behalf of the plaintiff for appointment of Local Commissioner is accepted, this Court sees no necessity to issue notice to the respondents/defendants because it would not only cause inconvenience to them, rather they would be unnecessarily burdened to engage counsel to represent them in the instant proceeding before this Court.

(3.) Precisely, the grouse of the plaintiff is that since despite there being repeated opportunities, defendants failed to file reply to the application under Order 26 Rule 9 CPC coupled with the fact that no objection to appoint Local Commissioner was given by learned counsel representing the defendants, learned Court below ought not have disallowed the application, rather with a view to ascertain the boundary dispute, if any, inter se parties, it should have appointed some Local Commissioner. It is borne out from the record that the plaintiff filed a suit for permanent prohibitory injunction restraining the defendants from causing any interference and encroachment by way of raising any sort of construction or in any other manner, cutting and removing trees or ousting the plaintiff by taking forcibly possession of the suit land.