JUDGMENT :

S.K. Mohanty, J. - This revision came up for hearing earlier before one of us (Honable Shri P. C. Misra, J). In course of hearing on the question of law, he took the view that there can be no limitation on the powers of the appellate Court to depute a survey-knowing commissioner for local investigation if it felt that in the interent of justice the same is necessary even in the trial Court had refused such a prayer. In his opinion, however, this view is not fully consistent with the view expressed by the then Chief Justice in Harmohan Mishra and Anr. v. Arnapurna Dibya and Ors. : 1987 CLT 344, and consequently referred the case to be decided by a larger Bench; This is had . the matter was put up-before us for hearing.

2. Facts essential for appreciation of the point involved lies in a small compass, Opp. parties 1 to 4 brought a suit in the Court of Subordinate Judge, First Court, Cuttack, for title and possession in respect of Ac. 027 decimals of land out of survey plot No. 868 comprising an area of Ac. 4.69 decimals. The petitioner (defendant No. 2 in the suit) took the plea that the disputed land appertained to his own plot and not to the plaintiffs' purchased plot. The