MD. SIRAJ SIRDAR Vs. PRAFFULLA MONDAL

JUDGEMENT

(1.) THIS Civil Revisional Application arises out of the order impugned no.84 dated 15th June 2010 passed by the Ld. 2nd Civil Court (Junior Division) at Basirhat in Title Suit no.64 of 2005. The suit is one for declaration of title and permanent injunction. The present petitioner is the defendant in the suit. The plaintiffs are the present opposite parties. The brief facts of the case are as follows.

(2.) SRI Bidyut Kr. Banerjee Ld. Senior Counsel appearing on behalf of the present petitioner ­defendant has essentially reiterated the points taken on behalf of the defendant before the Ld. Trial Court. Sri Banerjee has argued that from the report of the Ld. Survey Commissioner it would be found that the Ld. Survey Commissioner adopted two fixed points when, as per rules of survey three fixed points ought to have been adopted.

(3.) FOR the above reasons Sri Banerjee submits that the order dated 15th June 2010 must be set aside and direction must be given for conducting survey afresh.