C.R. No.4811 of 2009 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.4811 of 2009 (O&M) Date of Decision: 7.9.2010 Municipal Council, Phagwara & another ……Petitioners VERSUS Naranjan Singh ……Respondent CORAM: HON'BLE MR. JUSTICE ALOK SINGH -.- Present: Mr. Vishal Garg, Advocate for the petitioners. Mr. Rishi Raj, Advocate for Mr. Puneet Jindal, Advocate for the respondent. 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? ALOK SINGH, J. (ORAL) 1. Present petition is filed challenging the order dated 11.5.2009 passed by the learned Civil Judge (Junior Divi- sion), Phagwara, whereby the application moved by the defendants (petitioners herein) for appointment of a Local Commissioner, to inspect the shop in dispute and to sub- C.R. No.4811 of 2009 (O&M) -2- mit the exact measurement and position of the shop in dispute before the Court, was rejected. 2. In the nutshell, plaintiff (respondent herein) has filed a suit for declaration to the effect that the notice bearing No.296/MC dated 24.7.2006 under Section 172(1) of the Punjab Municipal Act, issued by the defendants is null and void. Relief for permanent prohibitory injunction was also sought restraining the defendants from damaging, destroying and demolishing the shop in dispute. In the suit, the main issue is, as to whether plaintiff has en- croached upon the Municipal’s land or not. Undisputedly, plaintiff/respondent has also submitted building expert’s report containing the measurement of the shop in dispute. Now in rebuttal, defendants – Municipal Council want to call measurement report through the Local Commis- sioner. 3. Order 26 Rule 9 C.P.C. reads as under:- “9. Commission to make local investiga- tions:- In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dis- pute, or of ascertaining the market-value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such per- son as it thinks fit directing him to make such C.R. No.4811 of 2009 (O&M) -3- investigation and to report thereon to the Court. Provided that, where the State Govern- ment has made rules as to the persons to whom such commission shall be issued, the Court shall be bound by such rules.” 4. From the perusal of Order 26 Rule 9 C.P.C., it can safely be said that Court may appoint Local Commissioner for the purpose of elucidating any matter in dispute. Since, in the present matter dispute is about the measurement of the shop in dispute, hence, in the opinion of this Court, application moved by the defendants/petitioners ought to have been allowed to rebut the report filed by the plaintiff/respondent. 5. Petition is allowed. Application moved by the defendants/petitioners is allowed. Learned trial Court is directed to appoint any Local Commissioner for inspec- tion and for submitting the measurement report. ( ALOK SINGH ) 07th September, 2010 JUDGE ashish