RAM RATTAN Vs. KAMLI DEVI

JUDGEMENT

(1.) By way of this petition, the petitioner has assailed order dated 12.05.2017, passed by the Court of learned Civil Judge (Junior Division), Court No. II, Solan in CMA No. 227/6 of 2016 in Civil Suit No. 108/1 of 2010, vide which, an application filed by the petitioner, who is the plaintiff before the learned Trial Court for appointment of a Local Commissioner under Order XXVI Rule 9 of the Code of Civil Procedure has been dismissed.

(2.) Brief facts necessary for the adjudication of the petition are that petitioner herein has filed a suit for possession of part of the suit land on the basis of title and also for a decree of permanent prohibitory as also mandatory injunction against the defendants, inter alia, on the ground that the defendants have encroached upon the portion of the suit land, which is owned by the plaintiff.

(3.) Record demonstrates that during the pendency of the suit, an application was filed under Order XXVI Rule 9 of the Code by the plaintiff for demarcation of the suit land, however, the same was dismissed by the learned Trial Court vide order dated 28.02.2015 (Annexure P-?6) by inter alia holding that as the parties were yet to lead their evidence and alleged dispute as averred by the plaintiff was at the stage of pleadings only, the application was not maintainable at that stage.