BHABAGRAHI PATI Vs. BASANTILATA PATI

JUDGEMENT

(1.) The instant application under Article 227 of the Constitution is filed to quash the order dated 5.9.2006 passed by the learned Civil Judge (Junior Division), Bhadrak in C.S. No.248 of 2003 whereby and whereunder the application filed by the petitioner under Order 26 Rule 9 C.P.C. to depute civil court commissioner has been rejected.

(2.) The petitioner as plaintiff filed a suit for declaration of right, title and interest, confirmation of possession and for perpetual injunction against the defendant. Pursuant to issuance of notice, the defendant entered appearance and filed written statement denying the assertions made in the plaint. While the matter stood thus, the petitioner had filed an application under Order 26 Rule 9 C.P.C. to depute a survey knowing commissioner to make a spot verification and submit a report with regard to length and breadth of suit scheduled land, number of trees standing thereon, the age of the trees, situs of tube well, location of septic latrine tank, location of the house of the plaintiff standing over the suit plot and compare the hal and sabik map, major settlement plot nos.124, 126 and 127 with sabik settlement.

(3.) Heard Mr. J.R. Dash, learned counsel for the petitioner and Mr. K.M.Dhal, learned counsel for the opposite party.