BOM SAS ASHIM DAS Vs. KAJAL DEB

JUDGEMENT

(1.) THE defendants/petitioners by filing the instant application under Article 227 of the Constitution of India has challenged the Order No. 80 dated 12th april, 2006 passed by the learned 1st Court, Civil Judge, Junior Division, alipore in Title Suit No. 53 of 2000.

(2.) BY the said order the learned Trial Judge rejected the objection raised by the defendants/petitioners against the Commissioner's report and accepted the said report.

(3.) IT appears that the opposite parties as plaintiffs filed an application under Order 26 Rule 9 of the C. P. Code praying for local investigation. The matter was heard and after hearing both the parties, the learned Court allowed the prayer for such local investigation and proceeded with the matter by giving appointment to a learned Advocate Commissioner. The Commissioner thereafter proceeded with the work as per direction given in the writ of commission and submitted his report. Thereafter, such objection was raised.