GOPAL DASS Vs. BISMANCHALI

JUDGEMENT

(1.) THIS appeal has been preferred by the defendant against the judgment and order of the learned District Judge passed in appeal against the judgment of the learned Sub Judge First Class, rejecting the objections preferred by the appellant -defendant herein to the report of the Local Commissioner in proceedings for passing of final decree in partition proceedings.

(2.) IN appeal, one of the grounds raised by the appellant herein was that no opportunity was given to him to lead evidence in support of the objections filed. The learned District Judge rejected this plea holding that the contention is misplaced as the Court is not required to settle any issue on the objections but what the law contemplates is for providing of adequate opportunity of hearing. The appeal was accordingly dismissed. The learned Court has gone to discuss the report of the Local Commissioner in some detail and has accepted it.

(3.) THIS Court in Om Parkash v. Ved Parkash and others, AIR 2000 HP 45 : 2000(1) Cur.L.J. (H.P.) 243 while inter alia following the ratio in Courhari Das and another v. Jaharlal Seal and another, AIR 1957 Calcutta 90, has held : -