IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M. No. 23010-CII of 2009 and CR No. 5633 of 2009 Date of Decision: 25.9.2009 Parvesh Kumar ....Petitioner. Versus Harbilas ...Respondent. CORAM:- HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Abhinav Oberoi, Advocate for the petitioner. AJAY KUMAR MITTAL, J. C.M. No. 23010-CII of 2009 Allowed as prayed for. C.R. No. 5633 of 2009 The declining of the application for the appointment of the Local Commissioner by the trial court vide order dated 16.9.2009 has given cause to the defendant-petitioner to approach this Court by way of instant revision petition under Article 227 of the Constitution of India. The trial court while declining the said application had recorded as under:- “The defendant did not make any endeavour to prove this fact during his evidence. Moreover, this case is pending since 1999 and no such application was ever moved by the defendant earlier. Now when the CR No. 5633 of 2009 -2- case has reached its fag end, the defendant has filed this application. The defendant could sufficiently prove this fact by way of oral evidence. Local Commissioner cannot be appointed to create evidence in his favour or to fill up the lacuna in his case. The intention of the defendant seems to delay the decision of the suit.” In view of the above, no ground for interference with the order dated 16.9.2009 passed by the trial court in exercise of its jurisdiction under Article 227 of the Constitution of India is made out. Dismissed. September 25, 2009 (AJAY KUMAR MITTAL) gbs JUDGE