SANDHYA RANI BANERJEE Vs. SUBRATAMITRA

JUDGEMENT

(1.) Heard the learned Advocates of both the sides. This application is at the instance of the defendants and is directed against the Order No. 47 dated May 13, 2010 passed by the learned Civil Judge (Junior Division), 2nd Court, Howrah in Title Suit No. 197 of 2006 thereby allowing an application for local inspection.

(2.) The plaintiff instituted a suit being Title Suit No. 197 of 2006 for eviction of trespassers, recovery of khas possession and permanent injunction against the defendants. In that suit, he filed an application for local inspection under Order 39 Rule 7 of the CPC and that application was allowed by the learned Trial Judge by the impugned order observing that the proposed inspection, if allowed, will not prejudice the defendants and as such, the application was allowed. Being aggrieved, this application has been preferred.

(3.) Having considered the submissions of the learned Advocates of both the sides and on consideration of the materials-on-record, I am of the view that the impugned order cannot be sustained.