IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Misc. 3335-CII of 2008 and Civil Revision No.436 of 2008. Date of Decision: 22nd February, 2008. Vishva Nath & Ors. . Petitioners through Mr. Sanjiv Kaushik, Advocate Versus Joga Singh & Ors. ...Respondents through Mr. L.N.Verma, Advocate. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT,J.(ORAL) This revision petition is directed against the order dated 23.11.2007 (Annexure P-4) passed by learned Additional Civil Judge (Senior Division), Sirsa, whereby Shri K.K.Relan, Advocate was appointed as Local Commissioner to examine Dharam Pal – one of the plaintiffs' witness. It may be noticed that the respondent-plaintiffs have filed a suit for symbolical possession of land measuring 83 kanals 4 marlas situated within the revenue estate of village Rania, District Sirsa on the basis of an alleged written agreement dated 5.9.1991. They have also sought a decree for permanent injunction restraining the petitioner-defendants from alienating /transferring or creating any charge over the said land. When the respondents/plaintiffs were leading their evidence, they moved an application for appointment of a Local Commissioner to examine one Dharam Pal resident of Sonepat, who is stated to be an attesting witness to the General Power of Attorney dated 7.4.1980 allegedly registered at Sonepat. It was averred that the aforesaid witness is 90 years old and due to his ailment, is unable to appear before the Civil Court at Sirsa. The aforementioned application has been allowed by the learned Civil Court vide the impugned order. On 24.1.2008, notice of motion was issued after taking notice of the contention raised on behalf of the petitioner that “they have no objection if the witness – Dharam Pal who is 90 years old, is asked to depose before the Court at Sonepat, i.e., the place of his residence and/or before any other Local Commissioner”. In deference to the stand taken on behalf of the petitioners, learned counsel for the respondent-plaintiffs has now moved Civil Misc. No. 3335-CII of 2008 stating that they have no objection if the impugned order dated 23.11.2007 is modified in terms of the plea taken by the petitioners before this Court. Consequently, and for the reasons afore-stated, this revision petition is allowed and the impugned order dated 23.11.2007 is modified to the extent that the respondents-plaintiffs shall move an application before the learned Civil Judge (Senior Division), at Sonepat within a period of one week from today and upon their application, the learned Civil Judge (Senior Division), Sonepat shall appoint a Local Commissioner to record the statement of Shri Dharam Pal – witness of the plaintiffs, in the presence of learned counsel for the parties. The original statement of the witness, duly certified by the learned Civil Judge (Senior Division) at Sonepat shall be placed on record and taken into evidence by the learned Civil Court at Sirsa. If for the purposes of examination of the aforesaid witness, any document which is already placed on record of the Civil Court at Sirsa, is required, the Civil Court at Sirsa shall depute its official along with such document(s)/record to Sonepat to facilitate the examination of the said witness. Learned Civil Court at Sonepat may also issue appropriate directions to the revenue authorities in whose custody the alleged Power of Attorney is lying for its production at the time of examination of the afore-said witness. Disposed of. Dasti. February 22, 2008. ( SURYA KANT ) dinesh JUDGE