Mr. U. A. Dewan, Ms. Sabnam Laskar, Mr. A. Dewan ……for the Opp. Parties. This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against an order no.13 dated 03.01.2025 passed by the learned Civil Judge (Sr. Division), Chanchal, Malda in Partition Suit No.96 of

2024.

By the order impugned, the application under Order 39 Rule 7 of the Code of Civil Procedure stood allowed.

Learned advocate appearing for the petitioner submits that the petitioner sought to fish out evidence by way of local inspection.

Mr. Dewan, learned advocate appearing for the opposite party submits that holding local inspection on the points mentioned in the Schedule of the said application is absolutely necessary for the purpose of eliciting the disputes involved in the suit. He further submits that the Commissioner after holding inspection has already submitted a report.

The issue that arises for consideration is whether a local inspection should be allowed in a suit of this nature.

The petitioner filed a suit for partition. In such a suit, the opposite party herein filed an application for appointment of a Commissioner to report as to the existing condit