RANJIT KUMAR ADITYA Vs. HIMANGSU KUMAR ADITYA

JUDGEMENT

(1.) This appeal is directed against the judgment and final decree passed by Sri S.K. Ganguly, learned Assistant District Judge, Burdwan in Title Suit No. 68 of 1985 whereby and whereunder the said learned Judge by an order dated 12.7.89 passed the final decree upon acceptance of the Commissioner's report only stating :

(2.) Mr. Bidyut Kumar Banerjee, learned counsel appearing on behalf of the appellant has raised a short question in support of this appeal.

(3.) Learned counsel submits that after the report was filed by the learned Commissioner before the learned court below, by order No. 43 dated 13.6.89 a direction was issued to show the said order sheet to the learned counsel for both the parties so as to enable them to file objections by 12.7.89. It appears that whereas one Sri Indra Narayan Mukherji, learned Advocate was appearing for the plaintiff-respondent, Sri Swapan Sen and appearing for the defendant/appellant. From the order sheet dated 13.6.89, it does not appear that the said order sheet was shown to the learned Advocate for the defendant/appellant. In that view of the matter, there cannot be any doubt whatsoever that there has been a violation of the requirement of Order 26 Rule 18-A of the Code of Civil Procedure as well as the principles of natural justice.