- (1.) The petitioner is the defendant (hereafter the defendant) in a suit for ejectment and mesne profit instituted by the opposite party (hereafter the plaintiff). Reasonable requirement is one of several grounds taken by the plaintiff for securing eviction of the defendant. He is contesting the suit by duly filing his written statement of defence.
(2.) While the suit was progressing, three separate tenants allegedly vacated possession of three shop rooms in favour of the plaintiff in the suit premises and she has since been running business therefrom. The defendant intended to incorporate such fact in his written statement and, accordingly, filed an application under Order VI Rule 17 of the Code of Civil Procedure (hereafter the Code) for amendment of his written statement.
(3.) At the same time, the defendant filed an application under Order XXXIX Rule 7 of the Code. The points for local inspection as indicated in such application read as follows : "1. To note how many rooms in the suit building at premises no.1 Manmotho Nath Ganguly Road, Kolkata-700 002; 2. How many rooms and shop rooms under the possession and enjoyment of the petitioner and her family members and the measurement and made of user of the rooms at the Suit Premises. 3. To draw a sketch map of suit premises. 4. Local features pointed out by the petitioner and Opp. Party at the time of holding commission.";