SATYA DEVI Vs. JAGIR SINGH AND OTHERS

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, the petitioner has challenged order dated 02.05.2015 passed by the Court of learned Civil Judge (Junior Division)-II, Amb in Civil Suit No. 306 of 2009, vide which learned Court below has dismissed an application filed by the present petitioner (who is plaintiff before the learned trial Court) under Order 26 Rule 9 of the Code of Civil Procedure for appointment of a revenue expert as Local Commissioner to carry out the demarcation of the land mentioned in the application so filed under Order 26 Rule 9 of the Code of Civil Procedure.

(2.) On record, as Annexure P-1 is the copy of the plaint filed by the present petitioner, which demonstrates that the suit stands filed before the learned trial Court praying for the following reliefs:

(3.) Learned trial Court while dismissing the application so filed by the present petitioner under Order 26 Rule 9 of the Code of Civil Procedure has held that the petitioner/applicant has filed the suit for permanent injunction inter alia for restraining the defendants/respondents from interfering, raising any sort of construction, taking forcible possession, cutting and removing eucalyptus, dark trees and taking any demarcation of the suit land and on the other hand, the petitioner/applicant herself has filed an application for appointment of revenue expert for demarcation of the suit land. On these bases, it has been held by the Court below that the applicant in fact is estopped from filing the application in the present case as she has herself prayed for "not taking any demarcation over the suit land". Learned trial Court has further held that otherwise also it is well established principle of law that Court cannot create any evidence in favour of any of the parties.