Read Order: Deva Singh v. Mohinder Singh and Other
Chandigarh, April 7, 2022: While deciding a civil revision assailing the lower court order dismissing the petitioner’s application for appointment of a Local Commissioner in his suit filed for a permanent injunction against the construction of a bus stand in the vicinity of his home, the Punjab and Haryana High Court has held that an order refusing to appoint a Local Commissioner does not decide any issue nor does it adjudicate upon any rights of the parties for the purpose of the suit and hence would not be a revisable order.
The Bench of Justice Alka Sarin made the above-stated observation as a sequel to the law expounded by a Division Bench of the High Court itself in the case of Pritam Singh Vs. Sunder Lal, 1990(2) PLR 191 [P&H HC].
Brief facts relevant to the present lis were that the plaintiff-petitioner filed a civil suit for permanent injunction for restraining the defendant-respondents from constructing a bus stop in front of a school and opposite the house of the plaintiff-petitioner. During the pendency of the civil suit, an application was filed by the plaintiff-petitioner for the appointment of a Local Commissioner.
A reply was filed to the said application by the defendants questioning the maintainability of the application inasmuch as the suit was pending since 2018 and written statements were also filed. It was further stated that the Local Commissioner cannot be appointed in order to procure evidence.
The said application was dismissed by the Additional Civil Judge (Senior Division), Bholath vide its order (impugned herein). Hence, the present civil revision petition was filed under Article 227 of the Constitution of India challenging the impugned order.
The counsel for the plaintiff-petitioner contended that the application was wrongly dismissed as the appointment of a Local Commissioner would have helped the Court in coming to a decision by ascertaining the factual position qua the proposed bus stop.
After taking into consideration the facts as also the petitioner’s case, the Court made reference to the case of Smt. Raksha Devi Vs. Madan Lal & Ors., 2017(3) PLR 249 [P&H HC] to look into the law governing the revision of orders pertaining to the appointment of a Local Commissioner. In Smt. Raksha Devi (Supra) it was held that no revision would be maintainable against an order dismissing an application for appointment of a Local Commissioner.
Against this backdrop, the Court opined that it is trite that an order refusing to appoint a Local Commissioner does not decide any issue nor does it adjudicate any rights of the parties for the purpose of the suit and hence would not be a revisable order.
Thus, finding no illegality or irregularity in the impugned order, the present civil revision petition was allowed by the Court.