INDRAMANI BEHERA Vs. GHANASHYAM BEHERA

JUDGEMENT

(1.) DEFENDANTS 1 and 3 are the Petitioners in this civil revision assailing the order of the trial court accepting the report of the commissioner deputed by it to measure the disputed lands.

(2.) PLAINTIFFS ' suit is for title and possession in the suit, Plaintiffs claimed to be the owners of plot No. 2911, Defendant No. 1 to be the owner of plot No. 2942 and Defendant No, 2 to be the owner of plot No. 779. It is alleged that Defendant Nos. 1 and 2 have encroached upon the portions of land in Plot No. 2911.

(3.) MR . Panigrahi, the learned Counsel for the Petitioners, submitted that the entire purpose of deputing the commissioner is frustrated and the trial court has not applied its judicial mind in accepting the report which becomes a piece of evidence under Order 26, Rule 10, Code of Civil Procedure. Mr. Panigrahi makes a grievance that the commissioner did not give any notice before going to the spot for answering the questions in the writ.