JUDGMENT :

A.K. Rath, J.

This petition challenges the order dated 25.4.2016 passed by the learned Civil Judge (Senior Division), Kantabanji in C.S. No. 103/100 of 2012-13, whereby and whereunder, the learned trial court rejected the application of the defendants under Order 26 Rule 9 C.P.C. for deputation of a Commission for local inspection.

2. The opposite party as plaintiff instituted the suit for declaration of title and recovery of possession impleading the petitioners as defendants. The case of the plaintiff is that originally the suit property belonged to one Suban Majhi. He alienated the land to Gopichand Sahu by means of a Registered Sale Deed No.963/1959 on 25.8.1959. In the hal settlement, name of Ramachandra Sahu was recorded. While the matter stood thus, Ramachandra Sahu alienated the said land to one Lingaraj Mishra on 25.12.1967. Since the dispute arose, Lingaraj Mishra instituted T.S.No.26 of 1983 in the court of the learned Munsif, Titilagarh for declaration of title and confirmation of possession. The suit was decreed. Thereafter Ramachandra Sahu filed T.S.No.111/10 of 86-91 assailing the judgment and decree on the ground of fraud. The suit was withdrawn. After death