ARINDAM SINHA,J. - (1.) Affidavit-of-service filed in Court be taken on record.
(2.) This application under Article 227 of the Constitution of India is directed against order dated 16th July, 2013 made by the Court of Civil Judge, Junior Division, 1st Court, Burdwan in Title Suit No.61 of 2008 whereby the application of the petitioners/plaintiffs for rejecting the Commissioner's report was rejected.
(3.) Pursuant to an order for local investigation being made, the Commissioner appointed, filed a report. The Commissioner was examined. It appears from the report that to keep the field book neat and clean, the Commissioner did not note the measurement of verification of the fixed points therein. It appears from his deposition he had said it to be a fact that if the sketch map would have been drawn as per field book, then the actual position might have been revealed. He deposed further it was a fact that there is a difference of 10 ft. in respect of the case map and field book. Further if the case map was drawn according to the field book then the fencing should have shifted. He deposed further it is a fact the sketch map has not been drawn as per field book in respect of Station 4 to 4(A), 5 to 6.;