Civil Revision No. 5561 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5561 of 2009 Date of decision: November 27, 2009 Jattu Ramand others …..PETITIONERS Versus Smt Swarna Rani and another …..RESPONDENTS CORAM: HON’BLE MR JUSTICE T.P.S.MANN PRESENT: Mr A.K.Khunger, Advocate for the petitioners. None for respondent No.1 Mr S.P.S.Tina, Advocate for respondent No.2. T.P.S.MANN, J. (Oral): While declining the application filed by the plaintiffs- petitioners under Order XXVI Rule 9 CPC whereby they had prayed for appointment of Local Commissioner, learned trial Court observed that such a Local Commissioner could not be appointed to report as to which party was in possession of the house in dispute because that would amount to delegating the powers of the Court to determine the real issue in the case. However, the defendants in their written statement and also in the evidence had already admitted the ownership and possession of the plaintiffs over the house which was the suit property. The plaintiffs had Civil Revision No. 5561 of 2009 -2- prayed for appointment of Local Commissioner so as to state about the local of the suit property which was possible only only if some demarcation is carried out by the official of the Revenue Department. In view of the above, the present revision is accepted. The impugned order is set aside and the application filed by the plaintiffs under Order XXVII Rule 9 CPC is granted. The trial Court shall appoint Tehsildar, Abohar as Local Commissioner for demarcating the suit property owned by the plaintiffs However, the Local Commissioner shall not collect any evidence. November 27, 2009 (T.P.S.MANN) Pds. JUDGE