JUDGMENT :

K.P. Mohapatra, J. - The Plaintiff in Title Suit No. 190 of 1983 pending in the Court of Munsif, First Court, Cuttack is the Petitioner. He has challenged the order passed by the ?learned Court below refusing his petition to re-examine the civil Court Amin for clarification of ambiguities with regard to statements made in cross-examination by the opposite party who is the Defendant in the suit.

2. The Petitioner has filed the suit for declaration of his title and recovery of possession in respect of 0.01 4 acre out of plot No. 211 fully described in Schedule ?A? of the plaint with other consequential reliefs on the ground that the opposite party having no title in respect thereof has encroached upon it and has dispossessed him. For elucidation of the fact in dispute a civil Court Amin was deputed for local investigation. After local investigation, the civil Court Amin has reported that the suit land appertains to plot No. 211. As the report goes against the opposite party, he summoned the civil Court Amin for cross-examination. In cross-examination the Amin made some contradictory statements which are illustrated below. In part-5 he stated. ?I have measured the suit land f