ISMAIL (MD) Vs. MOTASIM ALI CHOWDHURY

JUDGEMENT

(1.) The subject matter of challenge in this Civil Revision petition under section 115 of the Code of Civil Procedure is an order dated 24-3-1999 recorded by Second Court of Assistant Judge, Dhaka in Title Suit No. 226 of 1985 allowing an application under Order 26 rule 9 of the Code of Civil Procedure.

(2.) The decision proposed to be given in this Civil Revision Petition does not demand a detailed recounting of facts except that sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a suit being Title suit No.326 of 1982 in First Court of Munsif, Dhaka for declaration of title and recovery of Khas possession with respect to property described in schedule to the plaint. The said suit was renumbered as Title Suit No. 226 of 1985 on transfer to the Second Court of Assistant Judge Dhaka.

(3.) Plaintiff opposite party on 26-5-1985 presented an application for Local Investigation under Order 26 rule 9 of the Code of Civil Procedure by a Survey Knowing Advocate of the court on the following points: