High Court of Punjab and HaryanaCR/2556/2021disposed of

Bhinder Singh And Another v. Raj Pal Singh

2021-11-02Mr. Justice Anil Kshetarpal2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR-2556-2021 (O&M) Date of decision: 02.11.2021 BHINDER SINGH AND ANOTHER ..Petitioners ASHOK KUMAR 2021.11.03 10:21 I attest to the accuracy and integrity of this document

Versus

RAJ PAL SINGH ..Respondent CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Puneet Singla, Advocate for the petitioners. *** ANIL KSHETARPAL, J (Oral) This revision petition has been filed under Article 227 of the Constitution of India by the defendants.

Their application for permission to lead additional evidence has been partly allowed. The petitioners have also challenged yet another order refusing to appoint Local Commissioner for taking measurement of the entire property in dispute.

Learned trial Court, after appreciating the material on record, has permitted the petitioners to produce DW5 for his cross examination. However, the trial Court has not permitted the petitioners to re-examine the Draftsman.

Learned counsel representing the petitioners contends that the petitioners wish to lead further evidence to prove a total area in dispute. It has been noticed that defendants have already been given sufficient opportunity. The suit is pending for the last 5 years. The defendants

CR-2556-2021 (O&M) ASHOK KUMAR 2021.11.03 10:21 I attest to the accuracy and integrity of this document have already led their evidence. Hence, no ground to interfere with the discretion exercised by the trial Court is made out. As regards the challenge to the order passed by the trial Court while refusing to appoint Local Commissioner, the revision petition itself is not maintainable in view of the judgment passed by two Division Benches taking a similar view in 'Rajender Prasad vs. Santosh Kumar and others' 1979 PLJ 562 and 'Malkiat Singh vs. Narinder Singh and another' 1990(2) PLR 191.

Disposed of.

All the pending miscellaneous application(s), if any, are also disposed of.

02.11.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No