DEEPANKER SINGH MANHAS Vs. P S MANHAS

JUDGEMENT

(1.) THIS revision petition has been preferred against order dated 4.9.2006 of City Judge, Jammu, whereby the trial court has rejected the application of the petitioner -plaintiff for appointment of Commissioner for making spot inspection of the suit property. The grievance set out in the application was that inspite directions from the court to maintain status quo on spot, the defendant - respondent has started imparting education to the children in the suit premises. The application was resisted by the defendant -respondent on the ground that the application under Order 39 Rule 7 CPC is not maintainable, as the order of injunction or status quo was not in vogue. It is stated that the application for appointment of Commissioner was to be made under order 26 CPC not under Order 39 Rule 7 CPC.

(2.) THE learned trial court after hearing the parties dismissed the application of the petitioner -plaintiff as being not maintainable. The trial court has held that grounds did not exist in the application for appointment of Commissioner under Order 39 Rule 7 CPC, as the order of status quo was not in force.

(3.) I have heard learned counsel for the parties.