SOUMEN SEN,J. - (1.) In a suit for declaration and permanent injunction, the plaintiff filed an application under Order 39 Rule 7 of the Code of Civil Procedure for appointment of Advocate-Commissioner to file a report with regard to an open space measuring about 5'6" X 4'6" which is claimed to be under the occupation of the plaintiff and it was further claimed that the defendant never had any access to the said space. It was for the purpose of ascertaining the real state of thing regarding the open space measuring about 5'6"X4'6", such application was filed.
(2.) Learned counsel appearing on behalf of the plaintiff-petitioner submits that there were adequate materials in support of such claim and draws attention of this Court to paragraphs '5', '8' and '13' of the plaint.
(3.) The defendants however, in the written statement denied the possession of the plaintiff in any part of the suit property and further alleged that the defendants was within their right to change the nature and character of the property in the lawful manner as may be permitted under the law. In short, the case of the plaintiff with regard to the possession of the suit property was denied.;