PRASENJIT MANDAL, J. - (1.) THIS application is at the instance of the plaintiff and is directed against the Order No.126 dated July 1, 2013 passed by the learned Civil Judge (Junior Division), 2nd Additional Court, Contai in Title Suit No.58 of 2013 thereby allowing an application under Order 26 Rule 10(3) of the C.P.C. dated July 12, 2010.
(2.) THE plaintiff/petitioner herein instituted the aforesaid suit against the defendants for declaration of title, permanent injunction and other reliefs. The defendants/opposite parties are contesting the said suit and in that suit the plaintiff filed an application for local investigation and that application was allowed by the learned Trial Judge on an earlier occasion. But, the report filed by the learned Commissioner was not accepted by the learned Trial Judge after recording his statement and the matter came before this Hon'ble Court. By an order dated March 29, 2010 passed in C.O. No.2389 of 2009 this Hon'ble Court directed that the learned Trial Judge if not satisfied with the report, may direct further enquiry as per Order 26 Rule 10(3) of the C.P.C. The matter came before this Hon'ble Court again for the second time and by an order dated June 24, 2011 in C.O. No.1886 of 2011, this Hon'ble Court directed the learned Trial Judge to hear out the application under Order 26 Rule 10(3) of the C.P.C. filed by the defendant no.2 again and then by the impugned order the learned Trial Judge allowed the said application. Being aggrieved, this application has been preferred.
(3.) HAVING heard the learned Counsel for the parties and on going through the materials on record, I find that the matter of local investigation was initiated at the instance of the plaintiff/petitioner herein on four points and accordingly, the learned Commissioner submitted his report. Being not satisfied with the said report, the learned Trial Judge rejected the report and ultimately, the defendant no.2 filed another application under Order 26 Rule 10(3) of the C.P.C. for holding fresh local investigation on seven points and as per direction of the learned Judge of this Hon'ble Court in C.O. No.1886 of 2011, the matter was heard by the learned Trial Judge and the said application under Order 26 Rule 10(3) of the C.P.C. was allowed.;