Tilak Raj v. Hari Ram
C.R. No.4261 of 2016 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.4261 of 2016 Date of Decision.15.09.2016 Tilak Raj .......Petitioner Vs Hari Ram ........Respondent
Present:
Mr. Munish Puri, Advocate for the petitioner.
None for the respondent.
CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J. (ORAL) The petitioner is aggrieved of the dismissal of the application filed under Order 26 Rule 9 CPC for appointment of local commissioner for demarcation of the property in dispute.
Service is complete but there is no representation for the respondent. There had been no representation even at the previous hearing. I hasten to dispose of the case on merits.
Mr. Munish Puri, learned counsel for the petitioner submits that the respondent-plaintiff has also not objected to the appointment of the local commissioner which is evident from paragraph 3 of the reply, which reads thus:- "3. Para No.3 of the application is replied as that the plaintiff has no objection if the local commission from revenue side is appointed in order to bring the true position before the Ld. Court."
He submits that the suit is for possession of land measuring 5 marlas as indicated in the head note of the plaint and to ascertain the actual PANKAJ KUMAR 2016.09.21 11:02 I attest to the accuracy and integrity of this document possession, demarcation of the property is essential and necessary. The
C.R. No.4261 of 2016 -2Court below ought not to have dismissed the application rather it would help for proper adjudication of the lis.
For the reasons aforementioned, I am of the view that demarcation of the property is essential for proper adjudication of the lis. The impugned order dated 16.05.2016 is set aside. The prayer seeking appointment of Kanungo as local commissioner for demarcation of the suit property is ordered. The revision petition stands allowed. (AMIT RAWAL) JUDGE September 15, 2016 Pankaj* Whether reasoned/speaking Yes Whether reportable No PANKAJ KUMAR 2016.09.21 11:02 I attest to the accuracy and integrity of this document