ABHIJIT LAHIRI Vs. ASHOK ROY

JUDGEMENT

(1.) The defendants/petitioners have assailed the order dated January 4, 2013, passed by learned Civil Judge (Junior Division), 2nd Court, Sealdah by which an application for non-acceptance of the Commissioner's report, is rejected by the Trial Court. The point which emerges for consideration in this revisional application relates to the stage at which the objection to the Commissioner's report should be entertained by the Court.

(2.) Before dealing to determine the aforesaid point, the salient facts of the case are adumbrated below:

(3.) The defendants/petitioners took a defence in the written statement that the terms and conditions embodied in the said partition deed and the subsequent agreement are binding upon the plaintiff/opposite party and he has no semblance of right to the roof nor has a right to use the staircase beyond the first floor. An application for investigation under Order 26 Rule 9 of the Code of Civil Procedure was filed by the plaintiff/opposite party which was eventually allowed and a Engineer Commissioner submitted the report.