VIJAY KUMAR JAIN Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) THIS revision is directed against the order dated 9.6.2003, passed by the appellate court in exercise of the power under Order XLI Rule 27 of the Code of Civil Procedure (for short the Code) allowing the prayer of the plaintiff -opposite party for appointment of a Survey knowing Pleader Commissioner to measure the disputed land being part of Plot no. MS 14671 as well as neighbouring Plot no. 14669 north of the plot belonging to the District Board, Gaya.

(2.) THE plaintiff -opposite party filed a suit for removal of encroachment and lost before the trial court, against which she filed an appeal and when the appeal was posted for judgment before the appellate court, she filed an application under sections 107 and 75, read with Order XXVI Rule 9 of the Code for appointment of a survey knowing Pleader Commissioner to measure the plot in question to find out the encroachment, which has been allowed by the appellate court by the impugned order.

(3.) THE plaintiffs case is that though according to the sale -deed, on the northern boundary, the land of the District Board is shown, the defendants left 7 -8 feet of land on the northern side and encroached the land of the plaintiff in the south. The trial court, as stated above, did not accept the case and dismissed the suit.