THAKUR DAYAL SETH Vs. DEBABRATA POREL

JUDGEMENT

(1.) The subject matter of challenge in this case is against the rejection of a prayer for local inspection under Order 39 Rule 7 of the Code of Civil Procedure.

(2.) It was thus proposed by Mr. Ghosal that unless such local inspection was allowed to be held, there may not be fair adjudication of the prayer for injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure.

(3.) It was was argued by Mr. Mukherjee that when existence of 2 feet wide strip of land, depicted in 'C' schedule was not at all disputed by the defendants, there left no necessity for holding local inspection. More so, the contradictory prayers made in the plaint, would not, however, justify holding of local inspection of the subject property in any manner whatsoever.