JUDGMENT :

Ajoy Kumar Mukherjee, J.

1. Being aggrieved and dissatisfied with the order no. 18 dated 10th January, 2019 passed by the learned Civil Judge (Senior Division) at Chanchal, District. Maldah in Partition Suit No. 43 of 2018 present revisional application has been preferred. By the said impugned order, the learned Trial Judge was pleased to allow petition under Order XXVI Rule 9 of the Code of Civil Procedure filed by the defendant no. 22.

2. Plaintiffs/petitioners instituted a suit for declaration and partition against the defendants/opposite parties being Partition Suit No. 48 of 2018 before the Court of learned Civil Judge (Senior Division) at Chanchal District. Maldah contending that the suit property being Dag No. 96/193 in Mouja Haranathpur measuring 91decimal of land originally belonged to Sk. Jelafet Hossain Sarkar who was the recorded owner of the said plot of land and his name had been recorded in the R.S.R.O.R. Said Jelafat Hossain died leaving behind four sons and four daughters. The legal heirs of Jelafat Hossain Sarkar are the plaintiffs and defendant nos. 1-21 in this suit and they have all inherited the suit property according to Muslim Law of Inheritance.

3. Subsequently, two legal heirs of Jelafet Hossain namely Shoharab Ali and Raihan Ali transferred their share in the suit property by a registered deed in favour of the defendant no. 22. The plaintiffs and the defendants are jointly possessing the suit property. The defendant no. 22 is trying to construct a new building over the joint property and also trying to occupy the whole plot of land.

4. The defendant no. 22 is contesting the said suit and contended that the aforesaid two co-sharers namly Shoharab Ali and Raihan Ali got the entire share in the suit property by way of an oral Heba from the other co-sharers and subsequently had transferred entire land measuring 91 decimal in the suit plot in favour of defendant no. 22.

5. Moreover, the defendant no. 22 has acquired good title in the entire suit plot by way of adverse possession. On the basis of a prayer for interim order of injunction, the learned Trial Court passed an order of Status quo in respect of suit plot no. 96/193 as regard to its nature, character and possession till disposal of the suit. During pendency of the suit the defendant no. 22 filed an application under Order XXVI Rule 9 read with Section 151 of the Code of Civil Procedure, inter alia, praying for appointment of an advocate commissioner for local investigation commission on the basis of points as mentioned in the schedule of said application and plaintiffs/petitioners filed written objection against said application for local investigation filed by defendant no. 22.

6. After contested hearing the learned Trial Judge allowed the prayer for local investigation commission made by the defendant no. 22 and being aggrieved by that order present revisional application has been preferred. On perusal of the petition for local investigation commission which was filed before the learned Trial Court on 22/08/2018, it appears from the schedule of the investigation petition that the defendant no. 22 prayed for local investigation commission on the grounds:-

1. To investigate whether defendant no. 22 Mahindrapur High School situates on suit plot no. 96/193 covering entire 91 Satak of land or not;

2. To investigate whether defendant no. 22 Mahindrapur High School is a two storied Pakka building situated on suit plot no. 96/193 or not;

3. To investigate whether defendant no. 22 Mahindrapur High School is possessing entire 91 Satak of land over the suit plot no. 96/193 adversely openly with the knowledge of plaintiffs and defendant nos. 1 to 21 and also with the knowledge of whole world ousting the plaintiff and defendant no. 1-21 from 27.01.1982 or not;

7. Before going to further details let us reproduce Order XXVI Rule 9 of the Code of Civil Procedure:-

Commissions for Local Investigations

“R.9. Commissions to make local investigations.-In any suit in