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Balwinder Singh vs Dharamjit Singh

Punjab And Haryana At Chandigarh · Decided on 18 September 2013 · Citation: (2013) 09 P&H CK 0469

HON’BLE JUDGES
Paramjeet Singh, J
ACTS & SECTIONS REFERRED
Civil Procedure Code, 1908 (CPC) — Order 26 Rule 9
RESULT
Dismissed
CASE NUMBER
Civil Revision No. 5668 of 2013
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Judgment

4 paragraphs · 198 words

Paramjeet Singh, J.—Instant revision petition has been filed for setting aside the order dated 22.8.2013 passed by learned Civil Judge (Senior Division), Baba Bakala, District Amritsar, whereby application moved by the petitioner/defendant under Order 26 Rule 9 CPC for appointment of Local Commissioner, has been dismissed. I have heard learned counsel for the petitioner and perused the record.

2.

From the perusal of record, it is clear that learned trial court has come to the conclusion that Local Commissioner cannot be appointed for collecting evidence for the parties.

3.

This Court in Bant Singh alias Balwant Singh and another vs. Raghubir Singh and others, Raghubir Singh and Ors. : 2008 (4) RCR (Civil) 260, Brij Mohan Aggarwal vs. Ramesh Chand, Civil Revision No. 1458 of 2009 decided on 9.7.2009, Rambir Singh vs. Gram Panchayat, Narhera and others, 2012 (1) PLR 429 and Ganpat vs. Satvir and others, Civil Revision No. 824 of 2013 decided on 5.2.2013 has held that revision petition against the order passed by learned trial court dismissing the application for appointment of Local Commissioner, is not maintainable.

4.

In view of this, I do not find any illegality or perversity in the impugned order. Dismissed.