SC: Valid Bareboat Charter Termination Extinguishes Demise Charter, Vessel Arrest Vacated  ||  SC: Absence of Train Ticket No Ground to Deny Compensation for Passenger’s Death  ||  Patna HC: Routine FIR Involvement alone cannot Deny Arms Licence without Safety Threat  ||  Chhattisgarh HC: WhatsApp Chats Proving Mental Cruelty cannot be Ignored on Evidence Grounds  ||  Delhi HC: Foreign Travel Restrictions must not Obstruct Pregnant Foreigner's Medical Care  ||  MP High Court: Article 227 Cannot Be Invoked to Quash Wife’s Conjugal Rights Proceedings  ||  Kerala High Court Issues Directions on Driver Profiling, Bus Regulation and Road Safety  ||  Delhi HC: Prior Permission for Foreign Travel Unjustified When Accused Was Never Arrested  ||  Air India Penalised Rs. 50K Over De-boarding Disabled Woman and Wheelchair Damage  ||  Delhi HC: Muslim Personal Law cannot Shield Sex with Minor Wife from POCSO Case    

Naseeb Deen and Ors. Vs. Harnek Singh - (High Court of Himachal Pradesh) (19 Jul 2019)

Satisfaction of the Court is pre-requisite for appointment of a Revenue Officer as a Local Commissioner

MANU/HP/0795/2019

Civil

By way of present petition filed under Article 227 of the Constitution of India, 1950, the Petitioners have challenged order, passed by the Court of learned Civil Judge, vide which an application filed by the Respondent under Order XXVI, Rule 9 of the Code of Civil Procedure, 1908 (CPC) for appointment of a Revenue Officer as a Local Commissioner stands allowed.

It is not in dispute that, the application under Order XXVI, Rule 9 of the CPC was filed by the Plaintiff before the learned trial Court even before the issues stood framed by the learned Court below. It is the allegation of the Plaintiff that, the Defendants are encroaching/have encroached upon the suit land.

It is settled preposition of law that he who alleges, has to prove. Meaning thereby, because it is the contention of the Plaintiff that, the Defendants have encroached upon the suit land or are encroaching upon the same, onus is upon him to prove his case. There is no material on record to demonstrate that, the Plaintiff, at any stage, has approached the Revenue Authorities, for demarcation of the land in issue.

Order XXVI, Rule 9 of CPC, provides that in any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court.

It has to be the satisfaction of the Court that a local investigation is necessary or proper for the purpose of elucidating any matter in dispute. This provision is not a tool which is to be permitted to be used by the parties concerned to create evidence in their favour. This important aspect of the matter has also been lost sight of by the learned Trial Court while passing the impugned order. Impugned order passed by the Court of learned Civil Judge is set aside. Petition allowed.

Tags : APPOINTMENT   REVENUE OFFICER   LEGALITY  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved