Civil Revision No. 1946 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 1946 of 2011 Date of Decision: 20.7.2011 *** Sunder Singh .. Petitioner Vs. Ranjeet .. Respondent CORAM: HON'BLE MR. JUSTICE ARVIND KUMAR Present:- Mr. Saurabh Dalal, Advocate for the petitioner. Mr. Ramesh Sharma, Advocate for the respondent. *** ARVIND KUMAR, J. Respondent filed a suit for permanent injunction for restraining the petitioner-defendant from interfering in his possession over the suit land. The said suit was decreed on 31.10.2009. The petitioner-defendant then preferred to file an appeal against the said decree, during the course of which he filed an application for appointment of a local commissioner to prove that he has not encroached upon any portion of the land of plaintiff and the gate, which has been directed to be closed, is in existence from the beginning. The appellate Court below dismissed the application, leading to the institution of the present revision petition. Heard. The perusal of the impugned order reveals that an over-riding effect has been tried to give to the findings returned by the learned trial Court by seeking the appointment of the local commissioner. It is settled that a local commissioner cannot be appointed in order to enable any of the party to create evidence. Taking into account these facts, the learned Court below rightly dismissed the impugned application. There is no illegality or perversity in the impugned order. The revision petition, being without merit, is accordingly dismissed. (ARVIND KUMAR) JUDGE July 20, 2011 Jiten