Natha Singh vs Bant Singh and others

S.P. Goyal, J.—This petition u/s 115, Code of Civil Procedure, has been filed against the of the learned Sub-Judge 1st Class, Samrala, dated December 19, 1978, refusing to appoint a local Commissioner.

The teamed counsel for the respondents has raised a preliminary objection that no revision petition is competent against the order of the trial Court refusing to appoint a local Commissioner and in support of this contention, he has relied on a recent Division Bench decision in Harvinder Kaur etc. v. Godha Ram ILR 1979 P&H. 147. From the perusal of this judgment, I find that it was because of the peculiar order in that case that the Full Bench held that no revision was competent against the order refusing to appoint a local Commissioner. If it was intended to hold that Under no circumstance, the revision petition would be competent against the order refusing to appoint a local Commissioner. I would have seriously thought of referring the matter to a larger Bench However, it would not be necessary for me to do so as in the present case, the petitioner claims the appointment of a local Commissioner to find out the name of the brick kiln where the bricks used in the wall in dispute were manufactured. For the purpose, the appointment of a local Commissioner is not warranted and the petitioner could prove this fact by leading other evidence. So this case is fully covered by the decision of the Division Bench in Harvinder Kaur''s case (supra).

This petition consequently must fail and is hereby dismissed. No costs.

The parties, through their counsel have been directed to appear in the trial Court on June 4, 1979.