MAHENDRANATH Vs. PURNANANDA

JUDGEMENT

(1.) This revision is directed against an order passed by the additional Munsif, Kendrapara refusing to appoint a civil court commissioner for local inspection under the provision of O.26, R.9 of the Civil P.C.

(2.) The controversy between the parties was as to the location of a wall, namely, whether it stood on west of plot No. 306 or on the east of plot No. 307. The learned Additional Munsif rejected the petition filed by the plaintiff petitioner for local inspection. The application was rejected as premature with the observation that if it was considered necessary, commissioner would be appointed after evidence was closed.

(3.) Though the question of law is a simple one, it requires elaboration having regard to some stray observations in some judgements that the Court can refuse to appoint a commissioner under the provision of O.26, R.9 and require the party to adduce evidence through a private Amin after getting the land measured by him.