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Judgment
6 paragraphs · 239 wordsA.N. Jindal, J
The documents regarding confinement to bed of Sant Darshan Singh are taken on record.
This petition assails the order dated 14.03.2011 (Annexure P-2) dismissing the application filed by the Plaintiffs-Petitioners (hereinafter referred to as ''the Petitioners'') for appointment of Local Commissioner to examine Sant Darshan Singh at his place (Dera).
Another Civil Revision No. 1523 of 2011 filed by Sant Darshan Singh for his examination by way of Local Commissioner has been allowed on 04.03.2011.
Since the appointment of Local Commissioner to examine Sant Darshan Singh at his Dera on account of illness, does not prejudice the rights of the Respondents, therefore, this petition is accepted. The impugned order dated 14.03.2011 (Annexure P-2) is set aside and the trial Court is directed to appoint a Local Commissioner to record the statement of the Petitioner-Sant Darshan Singh at his Dera. However, the trial Court would assess the payment of fee of the Local Commissioner as well as both the counsel for the parties, which is to be paid by the Petitioners.
This petition is disposed of without issuing notice to the Respondents with a view to impart complete justice to the parties and to save the huge expenses, which may be incurred by the Respondents as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the Respondents may move to this Court for recalling this order.