LAWS(CAL)-2019-11-66

CALCUTTA ELECTRICAL MANUFACTURING Vs. GOVERNMENT OF WEST BENGAL

Decided On November 15, 2019
Calcutta Electrical Manufacturing Appellant
V/S
GOVERNMENT OF WEST BENGAL Respondents

JUDGEMENT

(1.) Affidavits of service filed today are kept on record.

(2.) This revisional application is presented before this Court questioning the order dated 7th July, 2010 passed by the 5th Civil Judge(Junior Division), Howrah in the Title Suit No. 42 of 2010 whereby application under Order 26 Rule 9 of the Code of Civil Procedure, 1908 seeking investigation on the plot in question by appointment of Commissioner, was turned down.

(3.) At the outset having perused the impugned order dated 7th July, 2010 passed by the Court below this Court has no other option but to consider the same as indefensible in view of failure on the part of the Court below in assigning reasons in support of the conclusion arrived at while dismissing the said application under Order 26 Rule 9.