K.Sahai, J.

1. This application is directed against the final order passed in a proceeding under Sec.147 of the Code of Criminal Procedure relating to a dispute over the first partys right of user on the second-partys land.

2. Appearing On behalf of the first party petitioner, Mr. R.S. Sinha has urged two points. The first point is that the learned Magistrate has riot followed a correct procedure, and the second point is that he has illegally, used the result of his local inspection as the sole basis of his judgment.

3. I will take up the points in the order in which I have mentioned them. The order of the Magistrate dated the 9th August, 1958 is as follows:.

"Parties present. Affidavits and documents have got to the filed. Let the parties file affidavits etc. by 30-8-1958".

In pursuance of the order, the parties filed affidavits- and no evidence was adduced on behalf of either side. Mr. Sinha has contended that the procedure of Sec.145, as amended by Act XXVI of 1955, does not apply in a proceeding under Sec.147 and that, in a proceeding under the latter section, the parties have to be allowed to adduce evidence which is to be taken by the court. Appearing on behalf of the