Civil Revision No.5388 of 2008 -1- **** IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.5388 of 2008 Date of decision: 18.2.2009 Smt. Parkash Kaur and others ...Petitioners Versus Maya Devi and others ...Respondents CORAM: HON'BLE MR. JUSTICE S.D.ANAND. Present: Mr. Vijay Lath, Advocate and Mr. Naveen Sharma, Advocate for the petitioners. None for the respondents. S.D.ANAND, J. The plaintiffs-petitioners had filed a suit for ( the joint possession and) the restraint of the defendants-respondents from raising any further construction over the land in dispute. The averment, in the context, was that they had raised the averred construction forcibly. The plea was resisted by the defendants- respondents by denying that they had encroached upon any part of the land belonging to the plaintiffs-petitioners. The plaintiffs-petitioners applied for the appointment of a local commissioner to demarcate the land in issue. That plea of theirs was negatived by the learned Trial Court by observing that a local commissioner cannot be appointed for collecting evidence on behalf of the parties. The further observation made was that “the parties can otherwise do by their own from concerned official and they can submit their report in this Court.” I have heard Mr. Naveen Sharma, learned counsel for the Civil Revision No.5388 of 2008 -2- **** petitioners and have carefully gone through the record. None entered appearance on behalf of the respondents to assist this Court. The respondents had been served to appear in this Court on 14.1.2009 but none turned up on their behalf on that date. The matter was thereafter adjourned to today. Even today, none has entered appearance on their behalf. In a controversy of the indicated type, the demarcation of the land in dispute is likely to be of real assistance to the Court in determining the controversy. It would be particularly so when the demarcation is done by a revenue officer/official. The declining of the plea (for appointment of a local commissioner) was not in order. The petition shall stand allowed. The impugned order shall stand set aside. The learned Trial Court shall proceed to appoint a revenue officer/official as the local commissioner for the purpose of demarcation of the land under reference. February 18, 2009 (S.D.Anand) Pka Judge