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2013 DIGILAW 1501 (PNJ)

Rajinder Singh v. Raghbir Singh

2013-11-15

Jaswant Singh

body2013
JUDGMENT Mr. Jaswant Singh, J. (Oral):- Plaintiff is in revision aggrieved against the order dated 11.9.2013(P6) passed by the learned Civil Judge (Jr.Div.) Gurdaspur whereby his application under Order 26 Rule 9 CPC for appointment of a Local Commissioner has been dismissed. 2. Counsel for the petitioner heard. 3. It is not in dispute that the petitioner/plaintiff has filed a suit for permanent injunction seeking to restrain the defendants from encroaching upon the area of a passage as per the site plan. It is also not in dispute that both the plaintiff and defendants have had full opportunity to lead their evidence and the present application was moved after the tendering of rebuttal evidence by the plaintiff. 4. In the considered view of this Court the learned trial Court has rightly dismissed the application by holding that it is incumbent upon the plaintiff to lead his independent evidence in support of his pleadings and it is not for the Court to collect evidence on his behalf. In this view of the matter, I find no ground to interfere in exercise of revisional jurisdiction of this Court. Dismissed. ---------0.B.S.0------------