CR No. 984 of 2009 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CR No. 984 of 2009 Date of decision February 25, 2009 Sukhwant Singh and others ....... Petitioner Versus Hardev Singh and others ........Respondents CORAM: HON'BLE MR. JUSTICE K. KANNAN Present:- Mr. K. S. Rekhi, Advocate for the petitioner . **** 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? K. Kannan, J (oral). 1. The revision is against the refusal of the Court to permit the plaintiff to have the property inspected by the Revenue Officer. 2. The Court below has considered from the over all facts that both the parties have led their respective evidence and the case was at the stage of rebuttal and for arguments. The Court has observed that sufficient evidence has been led in and the case being at the final stage and pending since the year 2004, there was no justification for moving an application for appointment of Revenue Officer as a Commissioner to inspect the property. The attempt affording to learned Judge, is to delay the proceedings and declined to award the relief sought for in the application. Learned counsel for the petitioner cites the decision in Punjab Wakf Board Vs. Sh. Neeko reported in RCR (Civil) 2004 (3) 506 that the application for appointment of Local Commissioner could be CR No. 984 of 2009 2 moved at any stage. There is no dispute on the proposition that the application to appoint Commissioner could be made at any stage but it all depends whether the Court requires assistance of such Commissioner at any point of time. While the Courts discretion cannot be whittled down in any way, it will not be wholly without justification that a Court refuses to obtain such benefit where it finds the conduct of the party is not enabling the quick dispensation of justice but it is such as to delay and subvert the justice. 3. The Civil Revision petition is dismissed. (K. KANNAN) JUDGE February 25, 2009 archana