High Court of Punjab and HaryanaCR/194/2023dismissed

Preet Singh v. Mahender Singh And ORS

2023-01-12Ms. Justice Nidhi Gupta2 pages

CR 194/2023

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR 194/2023 Date of decision:12/01/2023 Preet Singh ..................Petitioner Vs.

Mahender Singh and others .....................Respondents

CORAM

HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr.Vishal Nehra, Advocate for the petitioner. Nidhi Gupta, J.

This revision petition has been filed seeking setting aside of the impugned order dated 15.11.2022 (Annexure P-4) passed by Ld. Civil Judge (Jr.Div.) Gohana, District Sonipat whereby the petitioner's application for appointment of Local Commissioner has been dismissed. Heard learned counsel for the petitioner.

Ld. Counsel for the petitioner is unable to dispute the established position in law that orders dismissing an application for appointment of Local Commissioner are not revisable. It has been held by two Division Benches of this Court in Harvinder Kaur v Godha Ram, 1979 RAJINDER PARSHAD JOSHI 2023.01.17 10:13 I attest to the accuracy and integrity of this document

CR 194/2023 PLJ 562 and Pritam Singh v Sunder Lal, 1990(2) PLR 191, that Revision Petition is not maintainable against an order passed by the Trial Court dismissing application for appointment of Local Commissioner. An order refusing to appoint Local Commissioner does not decide any issue nor adjudicate any rights of the parties for the purpose of the suit and therefore, are not revisable. Refusing to appoint a Commissioner has nothing to do with the rights of the parties and it is purely the discretion of the Court. If the Court refuses to appoint a Local Commissioner, no right of the parties is prejudiced. It is further an established position in law that parties have to adduce their evidence and Courts cannot be used as an instrument to collect evidence on behalf of the parties.

For the reasons stated above, finding no merit in this revision petition the same is hereby dismissed.

Pending application(s), if any, also stand disposed of accordingly.

12/01/2023 (Nidhi Gupta) Joshi Judge Whether speaking/reasoned Yes Whether reportable Yes/No RAJINDER PARSHAD JOSHI 2023.01.17 10:13 I attest to the accuracy and integrity of this document