- In dealing with a revision petition for setting aside an order passed by the Additional Civil Judge dismissing the plaintiff's application for appointment of a Local Commissioner, the Punjab and Haryana High Court held that an order refusing appointment of a Local Commissioner does not decide any issue or adjudicate the rights of the parties and thus would not be a revisable order.
- The bench, which included Justice Alka Sarin, also stated that there is no illegality or irregularity in the order issued by the Court below that would warrant intervention by this court.
- The Petitioner-plaintiff sought a permanent injunction to prevent the defendant-respondents from interfering with his peaceful possession and cultivation of the suit land.
- During the pendency of the suit, the plaintiff-petitioner filed an application under Order XXVI Rule 9 of the Code for the appointment of a Local Commissioner to bring the suit property's current position on record.
- The defendant-respondents contested the application, claiming, among other things, that the plaintiff-petitioner filed the application solely to delay the proceedings and that the plaintiff-petitioner lacked locus standi and cause of action to file the application.
- The application was denied, and the plaintiff-petitioner sought revision of the aforementioned order.
- The High Court relied on the decision in Pritam Singh vs. Sunder Lal, which held that refusing to appoint a Commission under Order 26, Rule 9, Code of Civil Procedure has nothing to do with the parties' rights in general.
- It is at the Court's discretion to appoint a Commission, and if the Court refuses to appoint a Commission, no party's right can be said to be prejudiced as a result.
- The court also cited another case, Smt. Raksha Devi vs. Madan Lal & Ors., in which a similar position was taken. The court dismissed the current revision petition based on the law and the facts and circumstances.
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