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2025 Supreme(Online)(Cal) 5525

CALCUTTA HIGH COURT
SNEHANGSHU GHOSH – Appellant
Versus
MOUMITA SABUI – Respondent


Ct. 08.08 No.

29 2025 C.O. 3794 of 2024

268 Bd.

Sri Snehangshu Ghosh –Versus-

Smt. Moumita Sabui Mr. Rajdeep Bhattacharya Mr. Sauradeep Dutta Mr. Himadree Ghosh … for the petitioner.

Md. Syed Nurul Arefin Mr. Rahul Singh Mr. Syed M. Arefin Mr. Srijit Roy Chowdhury …For the Opposite Party The order dated 16th August, 2024 passed by Learned Civil Judge (Junior Division), 1st Court, Chandernagore, Hooghly, in Title Suit No. 161 of 2016 is under challenge in the present application preferred by the plaintiff/petitioner.

By the impugned order learned court below rejected the plaintiff’s prayer for local investigation commission filed under Order XXVI Rule 9 on the ground that if such prayer is allowed it would amount to permit the plaintiff to create evidence and/or to fill up the lacuna of non-portrayal of the “A” schedule land in the L.R.Map.

Being aggrieved by that order, learned counsel appearing on behalf of the petitioner submits that the Court below has acted illegally and with material irregularity by rejecting the application under Order XXVI Rule 9 in as much as the defendant had not filed any written objection against the said application. He further submits that for adjudication o

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