Kalyanmoy Ganguli, J. - (1.) This is an application under Sec. 115 of the Code of Civil Procedure and is directed against order Nos. 79 and SO both dated 18th April, 1936 passed by the learned Munsif, First Court Rampurhat, District Birbhum in Title Suit No. 134 of 1976. Opposite Party No. 1 as plaintiff instituted the suit for declaration of title, recovery of possession and damages in the aforesaid title suit. The plaint contained many allegations into which I need not go at the present moment. The present petitioner as defendant No. 4 submitted its written statement after entering appearance in the suit and denied the material allegations made in the plaint and prayed for dismissal of the suit.
(2.) At the instance of the plaintiff opposite party a learned advocate of the Rampurhat court was appointed as Pleader Commissioner to hold local investigation, survey etc. of the suit property and its surroundings.
(3.) The Ld. Pleader Commissioner submitted a report to the learned court. The defendant No. 4, the petitioner herein, filed a written objection to the said defective report submitted by the pleader commissioner. The date for hearing of the objection and that of the report of the pleader commissioner was fixed on 18th April, 1986' but on that date the petitioner herein filed an application praying for adjournment of the hearing on the ground, that its advocate was unable to attend the court from Suri on that day and as such the petitioner would be prejudiced if no opportunity was granted to examine the learned pleader commissioner.;