UNITED ROLLING MILLS (P) LTD Vs. BASUDEB MUKHERJEE

JUDGEMENT

(1.) THIS application is at the instance of the plaintiff and is directed against the order dated June 10, 2009 passed by the learned Civil Judge (Junior Division), 3rd Court, Howrah in Title Suit No.95 of 2005 thereby rejecting an application for local inspection filed by the plaintiff. The plaintiff / petitioner herein instituted a suit being Title Suit No.95 of 2005 praying for a decree of declaration that the plaintiff-firm is a lessee in respect of the suit property as described in the schedule to the plaint and the defendants have no manner of right to disturb the peaceful possession and enjoyment of the plaintiff in the suit property and have no manner of right to dispossess the plaintiff therefrom, a decree for declaration that the sale of the suit property made by the defendant no.s 1 to 5 is totally illegal, unlawful and against law of the land and liable to be set aside and other consequential reliefs of permanent injunction.

(2.) THE defendants are contesting the said suit by filing separate written statements denying the material allegations raised in the plaint. Issues had been framed on the basis of pleadings of the parties and the suit was at the stage of peremptory hearing. At that time, the application for local inspection was filed by the plaintiff and that application was rejected by the impugned order. Being aggrieved, this application has been preferred. Now, the question is whether the impugned order should be sustained.

(3.) THESE rival contentions are to be decided on the basis of evidence to be adduced by the parties. At that stage, the said application under Order 39 Rule 7 of the C.P.C. for local inspection on the points noted above was filed.