Revision against interlocutory order when it determines some right- O.26 Rule 9 C.P.C - P&H H C

07 May 2024 8:19 AM

By: Admin

D.D:8.12.2020

An application moved by the respondents/defendants for demarcation in a suit for injunction instituted by the petitioner/plaintiff, has been allowed. Counsel submits that the petitioner is a company duly registered with the Registrar of Companies engaged in developing land as Residential Group Housing Colony in and around Zirakpur. Petitioner owns 20 bighas 15 biswas, based on 4 registered sale-deeds in the Revenue Estate of Village Singhpura, District SAS Nagar.A revision will lie against an interlocutory order only if it determines or adjudicates some right or obligation of the parties in controversy. Non-maintainability of a revision petition against an order appointing a Local Commissioner for purposes of demarcation cannot be laid down as a general rule. The Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court. There can be no quarrel with the settled proposition of law that no party can be permitted to seek assistance of the Court to collect favourable evidence only to facilitate an effective and complete adjudication of the matter.

M/s Allwin Infrastructure Limited, Panchkula

Versus

M/s MAXXUS Developers and others