DARSHAN SINGH Vs. INDRU DEVI

JUDGEMENT

(1.) The learned trial court, Ist Additional Munsiff, Jammu, on an application moved by the respondent-defendant in the suit, vide order dtd. 15/12/2021 appointed Naib Tehsildar of the concerned area as Commissioner who was required to visit the spot and make inspection with respect to the dispute between the parties and clarify the position as to whether the Iron Poles or barbed wire were existing on the suit land and to submit the report along with photographs and site plan.

(2.) The petitioner-plaintiff aggrieved by the appointment of the Commissioner by the trial court has approached this court under Article 227 of the Constitution of India seeking setting aside of the order passed by the trial court on the ground that the same is not as per law and more so when the respondent-defendant had admitted the fact that she had sold the land measuring 18 marlas in favour of the petitioner-plaintiff and there was no dispute with regard to the possession of the plaintiff also in the land in question. The court could not create evidence by appointing the Commissioner as the same will be against the law.

(3.) The respondent has appeared through counsel and has contested the present petition.