JALARAM TIMBER CO Vs. MAHANANDA DAS

JUDGEMENT

(1.) The impugned order No. 48 dated 21.02.20185, passed by learned Civil Judge (Junior Division), 1st Court, Serampore in Title Suit No. 288 of 2013, rejecting the prayer for local investigation under Order 26 Rule 9 of the C.P.C. is under challenge in this revisional application.

(2.) Learned court below, for want of a boundary dispute, absence of a claim of encroachment, was not satisfied with the prayer for local investigation, and accordingly rejected the same.

(3.) Learned advocate for the petitioner/plaintiff assailing the impugned order submitted that the learned court below had improperly exercised its authority in understanding the real purport of the provisions contained in Order 26 Rule 9 C.P.C., as the court was empowered to issue local investigation commission for the purpose of elucidating any matter in dispute, even in absence of a case based on boundary dispute, encroachment and recovery of possession also.