BENUDHAR MOHAPATRA Vs. COLLECTOR-CUM-DISTRICT MAGISTRATE, NAYAGARH

JUDGEMENT

(1.) This petition challenges the order dated 17.11.2016 passed by the learned Civil Judge (Junior Division), Nayagarh in Civil Suit No.05 of 2011. By the said order, learned trial court rejected the application of the plaintiffs under Order 26, Rule 9 CPC for appointment of a civil court commissioner.

(2.) The petitioners as plaintiffs instituted Civil Suit No.05 of 2011 in the court of the learned Civil Judge (Junior Division), Nayagarh for declaration of right, title and interest and correction of settlement map. Pursuant to issuance of summons, defendants entered appearance and filed written statement denying the assertions made in the plaint. In course of hearing of the suit, the plaintiffs filed an application under Order 26, Rule 9 CPC for appointment of a civil court commissioner to answer the following questions;

(3.) The defendants filed an objection to the same. Learned trial court held that the answer sought by the plaintiffs in the questionnaires can be adduced by examining the witnesses in the court. The object of local investigation is not to collect evidence. Held so, learned trial court rejected the application.