- (1.) In this application under Article 227 of Constitution of India the order impugned No. 14 dated 9th March, 2012 passed by the Ld. Civil Court (Junior Division), Garbeta in Title Suit No. 41 of 2010 is under challenge. By the said impugned order No. 14 dated 9th March, 2012 the Ld. Trial Court was pleased to reject the application filed by the present petitioners-plaintiffs under Order 26 Rule 9 Code of Civil Procedure (for short CPC). The Ld. Trial Court was pleased to record, inter alia, that the application under Order 26 Rule 9 CPC was filed by the plaintiffs for local investigation to ascertain whether the lands in 'ka/1', 'ka/2' and 'ka/3' are part and parcel of the land in the trace map annexed with the Sale Deed No. 8102 in favour of the plaintiff No. 1 as also whether the lands in 'kha/1', 'kha/2' and 'kha/3' are part and parcel of the land in the trace map annexed to the Sale Deed No. 8100 in favour of the plaintiff No. 2.
(2.) Local investigation was also sought to ascertain the nature of construction over 'ka/2', 'kha/2', 'ka/3', 'kha/3' spaces of land as also whether 'ka/1', 'kha/1' are vacant lands or not. The present opposite parties-defendants (for short OPs) objected to the application for local investigation on the ground that out of the lands claimed by the plaintiffs 1.41 acres are vested to the State of West Bengal. It was also contended by the present OPs-defendants that one Ranjit Pal is in possession of a substantial portion of the suit land.
(3.) However, neither the State of West Bengal nor Ranjit Pal have been impleaded as parties to Title Suit No. 41 of 2010. According to the OPs-defendants without making the State of West Bengal and the said Ranjit Pal as parties, the plaintiffs cannot pray for local investigation at their sweet will. It is also contended on behalf of the OPs-defendants that no opportunity should be given to the petitioners-plaintiffs to fish for evidence through local investigation.;