Decided on November 14,2006

ASSAD-ULLAH Respondents


- (1.) THIS Civil Revision is directed against order dated 4-5-2006 of Learned munsiff, Banihal whereby he had appointed a Commission to visit the spot to record his findings, regarding the possession of the parties to the suit over the land, in dispute after recording the statements of at least two witnesses.
(2.) IN a suit for Permanent Prohibitory injunction restraining 1st to 4th respondents from interfering in the possession of the petitioners and 5th respondent over land measuring 14 marlas comprised in Khasra no. 995/03 situated at village Nagam, Tehsil banihal, an application seeking appointment of a Commission, appears to have been filed by the 1st to 4th respondents. This application, as it appears from the order recorded on the application itself was ordered to be taken up on 10th of March, 2006. This application, however, does not appear to have been taken up for consideration on 10th of march, when the suit was adjourned to 16th of March when the counsel for the parties submitted that there was no need to record the statements of the parties to the suit. The suit was thereafter adjourned to 7th of April for production of documents. Learned Presiding Officer was not holding Court on 7th of April, 2006, the case was accordingly fixed for 15th of May, 2006.
(3.) ANOTHER application appears to have been filed by 1st respondent Assad Ullah seeking orders for appointment of a Commission. Learned Munsiff, Banihal, without hearing the petitioners appears to have taken up this application when the suit had been slated for further proceedings on 15th of May, 2006. He accordingly recorded an order on this application which reads thus:- "advocate M. D. Singh is appointed as commission. He will go on spot and give findings regarding the possession of the party by recording the presence of at least two witnesses by evoking both parties on spot. The expenses of lawyer shall be borne by Petitioners who have assailed order dated 4-5-2006 in File No. 58/civil of Munsiff, banihal whereby he has appointed a Commission for visiting the spot, recording findings on the basis of evidence which may be produced by the parties before him. ";

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