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Judgment
4 paragraphs · 201 wordsJaswant Singh, J.—Plaintiff is in revision aggrieved against the order dated 1.5.2013 passed by the learned Civil Judge (Junior Division) Mukerian whereby his application under Order 26 Rule 9 CPC for appointment of a Local Commissioner has been dismissed.
It is apparent that the petitioner has filed a suit for possession of land measuring 18 Marlas comprised in khasra No. 1447(4K9M) situated in Village Bringli, Tehsil Mukerian, Distt. Hoshiarpur which is alleged to have been encroached upon by the defendants as per the site plan. Plaintiff claims the relief on the basis of his title by virtue of the sale deed dated 22.11.1974. However, as per material available on record, khasra No. 1447 is recorded in the ownership of Gram Panchayat.
Having heard learned counsel for the petitioner/plaintiff, in view of the aforesaid fact that the land is shown to be under the ownership of the Gram Panchayat, the learned trial Court has rightly observed that by seeking appointment of a Local Commissioner, the plaintiff is making an effort to use the process of the Court to collect evidence on his behalf which is impermissible in law.
In view of the above, the present revision petition is dismissed.