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High Court of Punjab and HaryanaCR/8321/2017dismissed

Paramjit Singh v. Paramjit Kaur

2017-12-14Mr Justice Rajiv Sharma2 pages

Civil Revision No. 8321 of 2017 -1In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 8321 of 2017 Date of Decision: 14.12.2017 Paramjit Singh ......Petitioner

Versus

Paramjit Kaur and others .....Respondents CORAM: HON'BLE MRS. JUSTICE ANITA CHAUDHRY

Present:

Ms. Manmohan Kaur, Advocate for the petitioner.

**** ANITA CHAUDHRY, J The petitioner (defendant) has assailed the order dated 6.10.2017 (Annexure P-3) passed by the Additional Civil Judge (Senior Division), Fatehgarh Sahib who dismissed the application for appointment of Local Commissioner. A prayer was made that he be directed to report about the foundation existing on the spot.

The dispute between the parties is with respect to a property. The plaintiff had asserted that it was a part of the street whereas the defendant had pleaded that his boundary wall exists and is part of his house. Both the parties had concluded their evidence. The defendants moved an application at the rebuttal stage seeking appointment of a Local Commissioner to report whether there existed a foundation below the boundary wall. The defendant had claimed that an elder in the locality had told him that the foundation of his boundary wall existed and in order to find out the truth, he prayed for appointment of a Local Commissioner. The lower Court after hearing both the sides dismissed the Gurpreet Singh Bhatia 2017.12.19 16:17 I attest to the accuracy and authenticity of this document Chandigarh

Civil Revision No. 8321 of 2017 -2application and rightly so. The trial Court had noted that the defendants were given 27 opportunities to lead their evidence and after the evidence was closed by Court order, the defendant filed the application for appointment of a Local Commissioner to collect evidence for him which could not have been allowed.

I find no infirmity in the order.

The petition is dismissed in limine.

(ANITA CHAUDHRY) JUDGE December 14, 2017 Gurpreet Whether speaking/reasoned :

Yes Whether reportable :

No Gurpreet Singh Bhatia 2017.12.19 16:17 I attest to the accuracy and authenticity of this document Chandigarh