24.07.2025 Item no. 9.

Court No.6.

AB C. O. 2546 of 2025 Sri Subodh Kumar Mondal Vs Sarajakshya Palak & Ors.

Mr. Partha Pratim Roy, Mr. Tridip Mishra, Ms. Poulami Chakraborty, Mr. Saikat Gayen …..for the Petitioner.

This application under Article 227 of the Constitution of India is at the instance of the plaintiff and is directed against an order dated March 1, 2025 passed by the learned Civil Judge (Sr. Division), Kandi, Murshidabad in Title Appeal No.02 of 2025.

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

Mr. Roy, learned advocate appearing for the petitioner submits that the application for local inspection was allowed ex parte without any finding being recorded as to why the same was allowed ex parte.

After going through the materials on record, this Court finds that such application was filed in aid of an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure. A copy of the said application under Order 39 Rule 1 and 2 of the Code of Civil Procedure has been annexed with the civil revision application wherefrom it appears that the opposite party has stated that the petitioner herein has started to r