- (1.) This revisional application is directed against Order No. 8 dated February 8, 2010 passed by the learned Civil Judge (Junior Division), 1st Court at Howrah in Title Suit No. 160 of 2009. By virtue of the impugned order, the learned Court below rejected the application filed by the Petitioners/ Defendants under Order 39 Rule 7 of the Code of Civil Procedure for holding local inspection of the suit property.
(2.) The Plaintiffs/opposite parties filed the suit under reference for a declaration of his title over plot No. 670 as also for a permanent injunction against the Defendants restraining them from taking forcible possession thereupon by changing nature and character of the same. The Petitioners filed the aforesaid application for appointment of a Commissioner for local inspection with regard to the points mentioned herein below: 1. To draw a rough sketch map showing the existing public passage which runs on the north-eastern corner side of plot No. 670, to take and measurement of length and breadth of the said unfinished public passage over the dag No. i.e., alleged Dag No. 670. 2. To take measurement of length from pucca passage on the northern side from Dag No. 670 to meet the village road and to take a note the distance of the Plaintiffs house and the existing public path. To take any other local feature as may be pointed out at the time of Commissioner work.
(3.) By virtue of the impugned order the learned Court below rejected the application with the observation that the aforesaid points could be brought on record by way of adducing evidence by some other way.;