NARAYANI GOSWAMI Vs. NEMAI ROY & ORS

JUDGEMENT

(1.) Challenge is to the Order No.93 dated July 20, 2010 passed by the learned Civil Judge (Junior Division), 1 st Court, Durgapur in Title Suit No.29 of 2009 thereby rejecting an application for rejection of the report filed by the Survey Passed Commissioner.

(2.) The plaintiff / petitioner herein instituted a suit being Title Suit No.29 of 2009 against the defendants / opposite parties herein for declaration of title, recovery of possession and other reliefs. The defendants are contesting the said suit by filing a written statement denying the material allegations raised in the plaint and the suit is at the stage of further peremptory hearing. During the pendency of the suit, the plaintiff filed an application for local investigation and that application was allowed. Consequently, the Commissioner who was appointed submitted his report and the next date was fixed for objection, if any, against the report. The said report submitted by the Commissioner was accepted on consent. Subsequently, at the state of peremptory hearing of the suit, the plaintiff filed an application for rejection of that report submitted by the Survey Passed Commissioner. That application was rejected on contest. Being aggrieved, this application has been preferred.

(3.) Now, the question is whether the impugned order should be sustained.