- (1.) This application is at the instance of the defendants and is directed against the order dated July 19, 2006 passed by the learned Civil Judge (Junior Division), Additional Court, Jangipur in Title Suit No.12 of 1999 thereby accepting the pleader commissioner's report filed in the said suit.
(2.) The short fact is that the plaintiff/opposite party herein filed a suit being the Title Suit No.12 of 1999 praying for declaration of title and permanent injunction against the defendants in respect of the property in suit, as described in the schedule of the plaint. The defendants are contesting the said suit. The plaitniff filed an application for investigation of the suit property in view of the contentions raised by the defendants relating to identity of the suit property. Accordingly, on the prayer of the plaintiff, a survey passed lawyer was appointed for making investigation on the points as appearing at page no.29 of the application as annexure "ËœB'. The learned commissioner held inspection upon issuing notices upon both the parties and then, on completion of the investigation, he submitted reports. Then the petitioners raised objection against the said reports. Thereafter the learned commissioner was examined in the Court and he explained on the queries made by the petitioners.
(3.) Upon due consideration of the materials on record, the learned Trial Judge accepted the report filed by the learned commissioner. Being aggrieved, the defendants have preferred this application. Now, the point for consideration is whether the learned Trial Judge is justified in accepting the reports filed by the petitioner.;