In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 1383 of 2008 Date of decision: March 21, 2009 Rajinder Singh .. Petitioner Vs. Rajinder Kumar .. Respondent Coram: Hon'ble Mr. Justice A.N. Jindal Present: Mr. Binderjit Singh, Advocate for the petitioner. Mr. Ashish Grover, Advocate for the respondent. A.N. Jindal, J This revision petition has been filed under Article 227 of the Constitution of India for quashing the order dated 5.2.2008 (Annexure P-5) passed by the Civil Judge (Jr. Division), Bathinda, whereby the application for appointment of the Local Commissioner moved by the plaintiff has been dismissed. The plaintiff-applicant has claimed the ownership and possession of the suit property comprised in Khasra No.4714 on the basis of the sale deed No.2867 dated 27.9.1976. The defendant has denied the allegations and has filed counter claim alleging therein that he had purchased the property comprised in 5794/4728 min. Now after three years of the pendency of the suit, at the time of evidence, the plaintiff has moved an application for appointment of the Local Commissioner to identify the -- land covered by the sale deed. The said application has been opposed by the defendant/respondent. The trial court relying upon the judgment 2008 (1) Civil Court Cases 43 (P&H); 2005 (2) PLR 690 (P&H) and 1990 (2) Civil Revision No. 1383 of 2008 -2- *** PLR 191 (P&H), declined the application. Having scrutinized the order, the same is shorn of any illegality much less irregularity. The application for appointment of the Local Commissioner has been moved to create evidence. Since the impugned order does not decide the rights of the parties, therefore, the revision under Section 115 of CPC was not maintainable, as such the said order also cannot challenge under the garb of Article 227 of Constitution of India. Dismissed. March 21, 2009 (A.N. Jindal) deepak Judge