BIDULATA PRUSTY Vs. KALPANA CHATTARJEE

JUDGEMENT

(1.) Heard Mr. B.Routray, learned Advocate for the Petitioner, Mr. A.Das, learned counsel for Opposite Parties 1 to 4 and Mr. K.Prajwal, learned counsel for Opposite Party No.8.

(2.) Present petitioner, who is the Plaintiff in C.S. No.07 of 2017 pending before the Court of learned Civil Judge (Junior Division), Jajpur, has filed the suit with prayer for declaration of his easementary right over the suit scheduled property. The Defendants (present Opposite Parties) appeared in the suit and contested the same. The Plaintiff after adducing her evidence and examining three witnesses on her behalf, filed a petition under Order 26 Rule 9 of CPC praying to depute the Civil Court Commissioner on the questionnaires given in her petition dtd. 3/10/2024. A copy of said petition under Annexure-4 reveals the questionnaires as follows:-

(3.) The Defendants objected the prayer that the Plaintiff is trying to improve her evidence through deputation of the Civil Court Commissioner which she failed to produce in course of her evidence.