MANINDRA KUMAR RAI Vs. PARESH CHANDRA DEY

JUDGEMENT

(1.) THIS application in revision, is directed against the order of the Munsiff, Sibsagar refusing to allow the prayer of the Plaintiff for a commission to make local investigation by a proper survey under Order XXVI, Rule 9 of the Code of Civil Procedure.

(2.) WE may note how the matter arose in the suit before the learned Munsiff. The Plaintiff brought a suit for declaration of right, title and delivery of khas possession of certain land described in the schedule to the plaint and for permanent injunction restraining the defend ant from digging trenches and raising brick wall on the suit land. The defend ant resisted the claim stating that the disputed land does not fall in the dags as alleged. He contended that a brick wall was being constructed on his own land and not on the land of the Plaintiff. The Defendant raised various other pleas also.

(3.) BY the Impugned order, the learned Munsiff purported to exercise his power under Order XVHI, Rule 18 of the Code of Civil Procedure. Since the measurement of the land was done in pre -sense of the Plaintiff and his lawyer, it is held by the Munsiff that he cannot raise any objection to the measurement. The learned Munsiff observed: