Civil Rev. 5561 of 2008 1 IN THE PUNJAB AND HARYANA HIGH COURT, CHANDIGARH Civil Rev. 5561 of 2008 Date of decision: 8.7.2009 Maha Singh and others Petitioner vs Gram Panchayat Bhador Respondent Present Mr. Harkesh Manuja, Advocate Mr. Rajan Sharma, Advocate. M.M.S.BEDI,J. This order will dispose of two connected petitions filed by Maha Singh and others (C.R. 5561 of 2008) and Rajbir Singh (C.R. 5554 of 2009) as the both arise from the same impugned order dated 1.10.2008. The petitioners have challenged order dated 1.10.2008 passed by the appellate court dismissing the application under order 26 Rule 9 C.P.C. for appointment of a Local Commissioner. The said order does not appear to be a reviseable order in view of the judgment of this Court in Bant Singh vs Raghbir Singh RCR ( Civil ) 2008(4) 260. Learned counsel for the petitioners in view of the judgment in Bant Singh's case (supra) submits that the petitioners had moved a similar application for appointment of a Local Commissioner under Order 26 Rule 9 CPC, which was not opposed by the then Sarpanch of the Gram Panchayat but still the application for appointment of a Local Commissioner was dismissed by Civil Judge, Panipat. Referring to the provisions of Order 43 Rule 1(a) CPC, learned counsel for the petitioners submits that when an order is made against a party and a judgment is pronounced against such Civil Rev. 5561 of 2008 2 party and a decree is drawn up, such party may , in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced. In order to safe guard the rights under Order 43 Rule 1(a) CPC, learned counsel for the petitioners has submitted that the petitioners may be given an opportunity to exercise their right under the above said provisions. Heard. The revision petition is dismissed as not maintainable. However, this will not prejudice the rights of the petitioners, if any, conferred upon by any statutory provision of law including under Order 43 Rule 1(a) C.P.C. July 8 ,2009 ( M.M.S.BEDI ) TSM JUDGE