- (1.) This petition under section 115 of the code of Civil Procedure is directed against the order of the trial Court dismissing the application of the plaintiff- petitioner for the appointment of a local commissioner. Learned counsel for the defendant-respondents has raised a preliminary objection as to the maintainability of this petition. Reliance Harvinder Kaur and another v. Godha Ram and another, 1979 AIR(P&H) 76 laying down that such an order cannot be said to be a case decided, hence not reviseable. Learned counsel for the petitioner then referred to the following observation of my Lords in para 13 of the reports : "Before parting with the judgment, it may, however, be made cleat that it cannot as a general rule be laid down that in no case a revision would lie against an interlocutory order passed under any other provision of Order 26, and that it would be on the facts of each case that it will have to be found out whether the interlocutory order, against which a revision is sought to be filed, has adjudicated for the purposes of the suit some right or obligation of the parties in controversy or not." The only contention by the learned counsel for the petitioner to get support from the above-said observations is that the trial Court dismissed the application of the petitioner on the ground that it has been filed after a delay of 1-1/2 years. Be that as it may, the learned counsel is unable to show that the trial Court has "adjudicated for the purposes of the suit some right or obligation of the parties in controversy".
(2.) As a last resort, learned counsel for the petitioner relied on Pohlu Ram v. Gram Panchayat Dharamgarh, etc., 1980 PunLJ 24, a decision by S. P. Goyal, J. wherein the learned Judge interfered with the order of the trial Court refusing to appoint a local commissioner. In that case, the dispute between the parties was over an encroachment on the circular road of the village. The learned Judge expressed the view that the matter could be decided by making measurements at the spot. As such, it was necessary to appoint a local commissioner. It deserves mention here that the above-cited Division Bench ruling was not brought to the notice of S.P. Goyal, J. Being bound by the same, 1 find it exceedingly difficult to follow Pohlu Ram's case .
(3.) For the foregoing reasons, I accept the preliminary objection and dismiss the revision petition. No order as to costs.;