Hrishikesh Banerji, J - (1.) This Revisional Application is directed against the order No. 71 dated July 19, 1993 passed by the learned Munsif, 2nd Additional Court, Alipore in Title Suit No. 84 of 1991. By the impugned order the learned Munsif rejected the plaintiff/petitioner's petition under Order 26 Rule 9 of the Civil Procedure Code filed on 16.7.1993 in the said suit.
(2.) The plaintiff/petitioner filed an application on 5.4.1991 under Order 39 Rule 7 of the Civil Procedure Code praying for local inspection on certain points mentioned in the schedule to the said petition. The said application was earlier heard and disposed of by the predecessor-in-office of the learned Munsif who passed the impugned order in the present case. The earlier application dated 5.4.1991, Annexure 'A' to the present Revisional Application was rejected on 4.3.1992 on the ground that the only dispute between the plaintiff/petitioner and the defendant/opposite party regarding the additions and alterations in the suit premises was whether the defendant/opposite party had taken permission from the plaintiff/petitioner to make such additions and alterations in the suit. By the said order the learned Munsif held that the extent of additions and alterations had not been denied by the defendant/opposite party and that the dispute requiring decision was whether the additions and alterations had been made by the opposite party with the permission of the petitioner, or not.
(3.) It appears that the points for the inspection as given in the subsequent application for local investigation under Order 26 Rules 9 and 10A of the Civil Procedure Code are almost identical to the points for inspection as given in the earlier application under Order 39 Rule 7 of the Civil Procedure Code which was disposed of by the learned Munsif on 5.4.1991.;