BIDHU BHUSAN DAS Vs. NARENDRA DAS

JUDGEMENT

(1.) Heard Mr. S. Lodh, learned counsel appearing for the appellant as well as Mr. P.K. Pal, learned counsel appearing for the respondent No.5, now represented by his legal representatives. There is no representation from the remaining respondents despite due notice.

(2.) This is an appeal under Section-100 of the CPC from the judgment dated 07.02.2017 delivered in Title Appeal No.18/2013 by the Additional District Judge, Unokati Judicial District, Kailashahar. At the time of admitting this appeal, the following substantial questions of law were framed :

(3.) Mr. S. Lodh, learned counsel appearing for the appellants has submitted that in a proceeding drawn under Section-145 of the Cr.P.C. being Misc. Case No.02/2001, the said field survey report was submitted by PW-6. The surveyor, PW- 6 had made a field survey in connection with the said proceeding and filed a report [Exbt.11 series]. The report is based on demarcation of the plots viz-a-viz the possession.