- (1.) In the present revisional application the petitioners challenges an order dated 3rd October, 2013 passed by the Court of Civil Judge (Junior Division), Tehatta, Nadia, in connection with Title Suit No. 97 of 1998 renumbered as Title Suit No. 260 of 2004. By the order impugned the Ld. Trial Judge rejected the local inspection report of an Advocate Commissioner appointed under Order 26 Rule 10 of the Code of Civil Procedure on the application of the plaintiffs.
(2.) The facts of the case, shorn of unnecessary details, are that the petitioner no. 1 was the absolute owner of the suit premises which she gifted to the petitioner no. 2. The petitioner no. 2 executed a power of attorney in favour of the petitioner no. 1 since he resides in Gujarat. The petitioners as plaintiffs filed Title Suit No. 97 of 1998 against the opposite parties/defendants in the court of Civil Judge (Junior Division), 3rd Court at Krishnanagore, Dist. Nadia, claiming declaration of title in respect of the suit property and recovery of possession thereof. The said suit was subsequently transferred to the court of the Civil Judge (Junior Division) at Tehatta, Nadia and renumbered as TS No. 260 of 2004.
(3.) In course of hearing of the suit, the defendants had filed an affidavit recording an undertaking that if any construction was made which encroached upon the land of the plaintiffs, the defendants would demolish such construction as per the direction of the Ld. Court.;