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1983 Supreme(Pat) 332

S.J.HYDER
Damru Mahato – Appellant
Versus
Khagia – Respondent


Judgment

S.J.Hyder, J.

1. The defendant before the court below has filed this revision application against an order dated December 2, 1980 passed by the Munsif Baghmua at Dhanbad. By means of that order an application moved by the defendant petitioner for appointment of a survey knowing commissioner has been rejected by the Munsif.

2. The plaintiff opposite party No. 1 filed the suit giving rise to this revision application for consideration of possession, for declaration that the plaintiff by means of a Kebala has purchased the hands described in the Schedule to the plaint and that he was in possession of the same. The defendant petitioner appeared before the Munsif and filed a written statement on May 25, 1979. In the said written statement it was alleged inter alia that the defendant petitioner was the owner of the land in dispute and that his construction stood on the said land. It may be stated that the parties appeared before the trail Court and produced their evidence. It was at this stage that the application for appointment of Survey-knowing Commissioner moved by the defendant petitioner and rejected by the Court below. In my opinion this revision application can be dispose





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