Prasenjit Mandal, J. - (1.) This application is directed against the Order No.16 dated April 7, 2009 passed by the learned Civil Judge (Senior Division), 3rd Court, Alipore in Title Suit No.3039 of 2008 subsequently numbered as Title Suit No.75 of 2008. The petitioner instituted a suit for specific performance of contract dated November 15, 2008 decree for confirmation of possession, decree for recovery of money and other consequential reliefs against the opposite parties herein before the learned Civil Judge (Senior Division), 3rd Court Alipore. The opposite parties entered appearance and they are contesting the said suit by filing a written statement, have filed an application under Order 39, Rule 7 of the C.P.C. praying for appointment of an Advocate Commissioner to hold local inspection of the suit property on the points as mentioned in the said application appearing as Annexure-'A' to this application. The defendants contended that the said commission was necessary for effective disposal of the application for temporary injunction. The defendants contended that they were in possession and as such to verify physically at the spot the said commission was necessary. The said application for local inspection was allowed by the impugned order. Being aggrieved, the plaintiffs have come up with the said application.
(2.) Now, the question is whether the impugned order should be sustained.
(3.) Upon hearing the learned counsel for the parties and on going through the materials on record, I find that both the parties have made rival claims as to possession of the suit property as described in the schedule of the plaint and for that reason, the defendants have prayed for local inspection on the points noted at page no.13 to ascertain that the defendants are in possession of the suit property. For convenience, the points for local inspection are quoted below:- (i) To find out whether there are any office space on the suit property or not. (ii) To find out whether there are containers available on the suit property or portions thereof. (iii) To find out whether there are office rooms or not? (iv) To find out whether there is any security enclosure and to ascertain the security personnels for protection of the suit property. (v) To Note the Name Plate available on the suit property including the name plates of the office room available there. (vi) To find out whether there is any marking on the name plates. (vii) To draw a sketch map of the property, and (viii) Any other local feature.;