( 1 ) THIS Civil revision is directed against Order, No. 13 dated 29. 5. 91 passed by the learned Additional District Judge, Midnapore in Civil Revision No. 58 of 1990. The revision preferred before the learned Court below erupted from an order passed by the learned Munsiff 3rd Court Midnapore in Title Suit No. 57 of 1990 where the learned Munsiff by his Order No. 39 dated 31. 5. 90 allowed a petition for local investigation of the suit property on the strength of an application preferred by the defendants or the opposite parties which has now become the all sore in the lis.

( 2 ) THE learned Court of revision of first instance in exercise if his power under section 115a of the Code of Civil Procedure of 1908 struck down the order of the learned Munsiff when this revision before this Court challenging the propriety and legality of the order impugned.

( 3 ) WITHOUT entering into unnecessary details, the matter can be disposed of only on the legal premises.

( 4 ) IN revision, factual determination of the case is impermissible and only in the rarest of rare cases, the fact can be brought into play provided the application of mind of the Court is not adhered to