ARUN KANTI BISWAS Vs. PINTU RANJAN ROY

JUDGEMENT

(1.) This revisional application is directed against the order No. 92 passed by the learned Civil Judge, Senior Division, Islampur on 14th March, 2013 in Partition Suit No. 74 of 2007 of his Court. The background of the matter is that the plaintiff/opposite party No. 1 had filed the aforesaid suit for partition originally against some defendants including the present petitioner, which was ultimately decreed in his favour by the judgment delivered on 20th December, 2008 followed by its decree drawn up three days later. A Partition Commissioner was appointed by the learned Court below after the parties had been unable to amicably come to a settlement on the basis of the preliminary decree. The learned Commissioner submitted his report, which was objected to on behalf of the present petitioner. Certain observations made in the said report were heavily stressed upon by the petitioner/defendant in his application of objections. The foremost emphasis was on a noting of the learned Commissioner to the effect that he had found one Mahabir Yadav to be in possession of some portion of the disputed suit land in spite of not being a party to the suit. In this manner the basic validity of the Commission's exercise was sought to be impeached on behalf of the defendant/petitioner on the premise that the Commissioner's findings were totally in contradiction of the original plaint case itself.

(2.) The petitioner along with this application had filed a copy of the Commissioner's report but on seeing the same carefully it is now established that this is an incomplete report contained in pages 38 to 41.

(3.) The plaintiff/opposite party from his side has placed on record separately the Commissioner's report which goes to show that three separate sheets from the Commissioner's Field Book depicting the areas found to be under occupation of various parties, which were also part of his original report had not been annexed by the petitioner herein.