GONDA SINGH Vs. NEELAM SHARMA

JUDGEMENT

(1.) AGGRIEVED by the order passed by learned Civil Judge (Junior Division), Court No. III, Amb, District Una, H.P. in an application under Order 26 Rule 9 read with Section 151 of the Code of Civil Procedure registered as C.M.A. No. 190/2014 (Civil Suit No. 7/14), whereby the application has been allowed and Shri R.K. Sharma, Assistant Engineer, B & R, H.P.P.W.D., Amb has been appointed as Local Commissioner to assess the quality of work, damage/loss, if any, caused to the building under construction and assessment of the condition of the newly constructed house of defendant Smt. Neelam Sharma, respondent herein. The present petition has been filed for quashing the same.

(2.) THE record reveals that the respondent -defendant wanted to construct the house at Village Nehari Nauranga in Tehsil Amb, District Una. The petitioner -plaintiff claims himself to be mason agreed to construct the house of the respondent -defendant. The cost of construction including the material was agreed to be charged @ Rs. 101 per square feet. The petitioner -plaintiff claims that on completion of the construction work, he demanded the amount due and admissible to him as agreed upon. The respondent -defendant, however failed to make the payment thereof. He, therefore, filed the suit in the trial Court for recovery of Rs. 1,04,664/ - against the respondent -defendant. She contested the suit on several grounds, however, mainly that the construction work has not been completed well within the time agreed upon. The quality of workmanship is also not up to the mark and also that while executing the work, damage has been caused to the house. She, therefore, filed the application under Order 26 Rule 9 read with Section 151 of the Code of Civil Procedure for appointment of Local Commissioner to assess the quality of work, deficiencies in the work and the loss to the building under construction caused on the spot.

(3.) THE trial Court after taking on record the claims/counter -claims and also the given facts and circumstances has, however, allowed the application and appointed the Local Commissioner, as pointed out at the out set.