Punjab and Haryana High Court
Before: Harnaresh Singh Gill, J.
CR-2398 of 2020 (O&M)

Decided on: 16.10.2020
Dhanni Ram and others - Petitioners
Versus
Shakuntala Devi - Respondent

Present:

Mr. Hitesh Ghai, Advocate, for the petitioners.

A. Appointment / Refusal to appoint Local Commissioner – Maintainability of revision petition -- Order of appointing or refusing to appoint a Local Commissioner is not amenable to the revisional jurisdiction of High Court. Pritam Singh’s case 1990(2) PLR 191 relied.

(Para 3)

B. Dismissal of application for appointment of the Local Commissioner – Revision petition against – Maintainability of -- Present petition challenging the order refusing to appoint the Local Commissioner, is not maintainable, as such order does not decide any issue, nor adjudicates upon the rights of the parties.

(Para 3, 4)

Cases referred:

1. Pritam Singh and another Vs. Sunder Lal and others, 1990(2) PLR 191.

***

HARNARESH SINGH GILL, J. (ORAL) –

1. Case is taken up for hearing through Video Conferencing.

2. Challenge in the present revision petition is to the order dated 12.10.2020 passed by the Civil Judge (Junior Division), Ludhiana, whereby an application for appointment of the Local Commissioner, filed by the petitioners has been dismissed.

3. The order of appointing or refusing to appoint a Local Commissioner is not amenable to the revisional jurisdiction of this Court. It was so held by the Division Bench of this Court in Pritam Singh and another Vs. Sunder Lal and others, 1990(2) PLR 191.

4. In view of the said fact, I am of the opinion that the present petition challenging the order refusing to appoint the Local Commissioner, is not maintainable, as such order does not decide any issue, nor adjudicates upon the rights of the parties.

5. Hence, the present petition is dismissed.

Petition dismissed.

********

www.lawtodaylive.com