LAL SINGH S/O SURTO AND ORS. Vs. MOHAR SINGH S/O KUMBIA, RESIDENT OF VILLAGE KELVI DAHAR, SUBTEHSIL RONHAT, TEHSIL SHILLAI, DISTRICT SIRMOUR, H.P.

JUDGEMENT

(1.) THE defendants are aggrieved by the order passed by the learned trial Court in an application under Order 26 Rule 9 CPC instituted by the defendants -petitioners herein praying for appointment of Local Commissioner. The application has been rejected by the learned trial Court after taking into consideration the law on the point that if some point is obscure and requires consideration; it is always open to the Court to resort to this provision. The evidence of the defendants in this case is yet to be recorded. In these circumstances, it will be open to the defendants to lead their evidence in rebuttal of the case set up by the plaintiffs as also in support of its own contention. If still there is an obscurity in law as contemplated Under Order 26 Rule 9 C.P.C., it will be open to the parties to approach the learned trial Court in appropriate proceedings. Petition is disposed of. Interim order shall stand vacated. No order as to costs.