UMESH CHANDRA PAUL Vs. SURESH CHANDRA PAUL

JUDGEMENT

(1.) By means of the present application under Section 115 of C. P. C. the order dated 10-7-1990 passed by the learned Subordinate Judge, North Tripura, Kailashhar accepting the report of the Survey Commissioner in a suit, namely T.S. 4 of 1982 has been challenged.

(2.) In order to appreciate the controversy between the parties, a brief narration of facts relating to this petition is necessary. On 23-3-1982 one Suresh Chandra Paul filed the aforesaid suit, namely, T.S. 4/1982 for declaration of his note right on the suit land described in the schedule attached to the plaint, a decree for perpetual injunction restraining the defendants from entering into the suit land and some other incidental reliefs against 29 defendants.

(3.) Some of the defendants contested the suit by filing written statement. The petitioner is one of them. On 23-5-1987 the plaintiff filed an application under Order 26 Rule 9 of C. P. C. for local investigation of the suit land. After hearing learned counsel of the parties learned Sub-Judge appointed a Survey Commissioner for investigation of the suit land as per the prayer of the plaintiff. One Rabati Mohan Sarkar was appointed Survey Commissioner. The Survey Commissioner submitted his report on 6-2-1988. The present petitioner, who is defendant No. 7 prayed for time to file objection against the report of the Survey Commissioner. The prayer was granted by learned Sub-Judge by his order dated 21-7-88. Learned Sub-Judge granted a number of adjournment to enable the petitioner to file written objection against the report of the Survey Commissioner and ultimately on 2-1-1989 the petitioner submitted a written objection against the report of the Survey Commissioner.