JOGESH CHANDRA DEB Vs. PROFULLA NALINI DASI

JUDGEMENT

(1.) The facts leading to the issue of this Rule briefly are as follows:

(2.) We entirely agree with the learned judge that Order IX, Rule 9 of the code has no application whatsoever in the present case. The suit has been dismissed, not on account of any default of appearance by the Plaintiff. The court has exercised the powers given to it by Section 8D(2) of the Court-fees Act. Section 8D(2) is in the following terms:

(3.) Section 8D(1) refers to the issue of a commission for making a local investigation in connection with valuation. The order passed by the learned Munsif was, therefore, clearly an order which he could have passed under Section 8D(2) of the Court-fees Act.