DEBI PRASAD RAYAGURU Vs. BASANTI MISHRA

JUDGEMENT

(1.) This application has been filed by the plaintiff-petitioner with a prayer for quashing the impugned order dtd. 28/12/2021 passed by the learned Civil Judge (Senior Division), Pipili (hereinafter "trial court") in Civil Suit No.45/390 of 2017/2010, rejecting the application filed under Order-18 Rule-17 of the Code of Civil Procedure (in short "CPC") to recall the C.W.1, Laxmidhar Das (the Amin Commissioner) for his further cross-examination at the cost of the plaintiff.

(2.) That the suit had been filed by the plaintiff-petitioner praying for declaration of his right, title and interest over the suit property, confirmation of possession and permanent injunction against the defendant-opposite party and other reliefs.

(3.) Written statement and counter claim was filed by the defendant and written statement to the counter claim was filed by the plaintiff. An application had been filed by the defendant to appointment of a survey knowing Commissioner, along with the questions proposed to be asked to him. The Amin Commissioner was appointed under Order 26, Rule 9 of the C.P.C. and submitted his report. The plaintiff-petitioner filed an objection to the report stating that it should be rejected. The defendant-opposite party also filed an objection to the report. The Amin Commissioner was examined on 23/11/2019 as C.W.1 and was cross examined by both the parties.