CALCUTTA HIGH COURT
CHAITALI CHATTERJEE (DAS), J
Shri Anil Shaw – Appellant
Versus
Shri Vivek Kundalia – Respondent
| Table of Content |
|---|
| 1. arguments on necessity of property inspection (Para 3 , 4 , 10) |
| 2. challenge to rejection of inspection (Para 11) |
| 3. restrictions on collecting evidence via application (Para 12 , 21) |
| 4. conclusion on the merit of the application rejection (Para 22) |
1. This revisional application has been filed challenging an order dated 5th September, 2024 passed by the learned Court of Civil Judge (Senior Division), 2nd Court, Alipore, South 24 Parganas in Title Suit No.249 of 2018 whereby the application filed under Order 39 Rule 7 of the Code of Civil Procedure has been rejected as filed by the present petitioner being the defendant in this case. The suit was filed by the present opposite party/plaintiff against the present petitioner for recovery of Khas possession in respect of B Schedule property by evicting the defendant therefrom and also for a decree for mesne profit @ Rs.30,000/- tentatively from 3rd January, 2018 till the date of recovery. The present petitioner being the defendant entered appearance and filed the written statement, and averred in para 17 about dismissal of a previous sheet and further the schedule will be inspected by holding local inspection.
2. It is
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