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AJOY KUMAR MUKHERJEE
Mantu Chowdhury – Appellant
Versus
Subhas Chowdhury – Respondent
JUDGMENT :
AJOY KUMAR MUKHERJEE, J.
1. Being aggrieved and dissatisfied with the impugned order no. 128 dated 07.01.2020 passed by the learned Civil Judge (Senior Division), 1st Court, Malda in O.C. Suit No. 154 of 1999, present application under Article 227 of the Constitution of India has been preferred.
2. In the present case, the plaintiff/petitioner herein filed suit for declaration of title with a prayer for recovery of possession. The plaintiff’s further case is that he had purchased ‘Ka’ schedule property to the plaint and on 22.04.1999, taking advantage of the absence of the plaintiff, the defendants dispossessed the plaintiff from ‘Ga’ schedule property out of ‘Ka’ schedule property described in the plaint. The measurement of ‘Ga’ schedule described in ‘Gha’ schedule to the plaint. The encroached portion is 12 ft. 4 inches in length and 8 ft. 2 inches in breadth.
3. In the said suit, plaintiff also filed an application under Order XXVI Rule 9 read with Section 151 of the Code of Civil Procedure praying for local investigation commission for ascertainment of allegation of encroachment. Accordingly, commissioner was appointed who submitted his report stating that the suit lan
Appointment of Advocate Commissioner – Object of local investigation is not to collect evidence which can be taken in court – Court should not act as an expert to overrule report of Commissioner unle....
The court established that the appointment of a commissioner under Order XXVI Rule 9 of the CPC is not to be used as a means to collect evidence after the closure of proceedings, and such application....
The discretionary nature of relief under Order 26 Rule 9 of CPC and the limited scope for entertaining a petition under Article 227 of the Constitution of India.
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