JUDGMENT :

(Biswaroop Chowdhury, J.) :

1. The petitioner before this Court is the defendant in a suit for declaration and partition before Learned Civil Judge (Senior Division) at Barasat being Title Suit No – 237 of 2008 and is directed against the order dated 7-05-2022 passed by the Learned Judge rejecting the application filed by the petitioner under order 26 Rule 9 of the Code of Civil Procedure.

2. The case of the petitioner may be summed up thus:

1. The opposite parties instituted Title Suit praying decree for declaration, partition and injunction before the Learned 2nd Court Civil Judge Senior Division at Barasat.

2. The petitioner appeared before the Learned Court and contested the suit, and a preliminary decree was passed.

3. Pursuant to the passing of preliminary decree survey Commissioner was appointed who upon completion of commission work submitted his report. The report submitted by survey commissioner was rejected by the Learned Trial Court.

4. The petitioner pursuant to the rejection of the report filed application under Order 26 Rule 9 of the Code of Civil Procedure with a prayer for conducting survey on the following points.

A. Whether any construction is going on