Shree Chandrashekhar, J. - (1.) The petitioner who is plaintiff in Title Suit No. 52 of 2007 is aggrieved of order dated 01.12.2014 by which her application under Order XXVI Rule 9 CPC has been rejected.
(2.) Title Suit No. 52 of 2007 was instituted by the petitioner for declaration of her right, title and interest over Schedule-A property and for a decree for confirmation of her possession over the suit land. In the pending suit an application under Order XXVI Rule 9 CPC was filed on 11.08.2008 which has been dismissed by the impugned order dated 01.12.2014.
(3.) Mr. Anil Kumar, the learned Senior counsel for the petitioner submits that dismissal of the application for appointment of Survey Knowing Pleader Commissioner about 6 years after the application was filed is patently illegal. It is contended that the defendants have not disputed claim of the plaintiff over the suit land and, therefore, to resolve the dispute with respect to the alleged encroachment by the petitioner it was necessary to get a report of the Survey Knowing Pleader Commissioner.;