TARUN CHATWAL Vs. SANJAY MALHOTRA

JUDGEMENT

(1.) PETITIONER , who is defendant before the learned trial Court, has challenged the order dated 21.6.2011, passed by the learned Civil Judge (Junior Division), Court No.V, Shimla, vide which he had dismissed the application filed by the petitioner under Section 151 CPC for allowing him to examine his expert.

(2.) BRIEFLY stated, the facts of the case are that a suit for partition was pending before the learned trial Court. A preliminary decree had been passed by the Court and an application for passing the final decree was pending before the learned trial Court, who had appointed Municipal Engineer as a Local Commissioner to effect the partition by metes and bounds in between the parties. The said expert, as submitted, had already submitted the report. Objections to the report were filed by the petitioner/defendant and the said Local Commissioner was also cross examined by the petitioner when he was produced in the Court. Thereafter, the present application was filed by the petitioner for examining his own expert with some new suggestions for effecting the final partition in between the parties.

(3.) I have heard the learned counsel for the parties, gone through the facts of the case as argued by the learned counsel for the parties and have also gone through the impugned order.