MUGHDHA BHATTACHARJEE Vs. SAMIR CHAKRABORTY

JUDGEMENT

(1.) The revisional application under Article 227 of the Constitution of India is at the instance of the defendant in a suit for recovery of possession and permanent injunction and is directed against Order No. 96 dated September 8, 2017 passed by the learned Civil Judge (Junior Division), Jalpaiguri in Title Suit No. 296 of 2006 (Title Suit No. 1316 of 2014).

(2.) The learned trial Judge by the order impugned allowed the application filed by the plaintiff/opposite party under Order 26 Rule 9 read with Section 151 of the Code of Civil Procedure.

(3.) The plaintiff/opposite party by the said application has prayed for local investigation of the suit property on the points relating to the identity of the suit property. The plaintiff/opposite party in the plaint has described the schedule B property in detail with boundary wherefrom he is seeking eviction of the defendant/petitioner. Therefore, there is no necessity for holding local investigation of the suit property for the purpose of its identification.