P&H: Appointment of Local Commissioner In Encroachment Dispute; Sets Aside Trial Courts Refusal To Appoint Local Commissioner

punjab-haryana
⚖️ Order Date: 04 May 2026
Headnotes

Civil Procedure Code, 1908, O.26.R.9 — Appointment of local commissioner — Suit alleging encroachment upon portion of land — Identification and demarcation of the suit property becomes essential for proper adjudication of the rights of the parties — Local commissioner from revenue department is found to be appropriate and...


Facts of the Case

P&H: Appointment of Local Commissioner In Encroachment Dispute; Sets Aside Trial Court’s Refusal To Appoint Local Commissioner

The Punjab and Haryana High Court has allowed a civil revision petition and directed the trial court to appoint a competent revenue official as Local Commissioner to demarcate land in a suit alleging encroachment. P&H High Court set aside order which had refused the plaintiffs’ plea for a local commission.

The case concerns property measuring 42’ × 187’ (28.87 marlas) forming part of Khasra No. 15/3. The plaintiffs allege that certain defendants have raised residential houses within this khasra and encroached upon their land. The defendants did not contest the suit and were proceeded ex parte. The plaintiffs sought appointment of...

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