An aggrieved person got himself impleaded as a

party to appeal before the First Appellate Court being

a pendente lite transferee under 3^rd defendant and came

up with this appeal aggrieved by the divergent finding

rendered by the first appellate court in a suit for

injunction against tresspass. The question came up for

consideration is whether it is permissible to issue a

survey commission in a suit for injunction simplicitor

against tresspass and what would be the legal effect of

a survey commission plan got prepared through a survey

commission, in the adjudication of issue pertaining to

the grant of permanent prohibitory injunction against

tresspass.

2. It is a suit for injunction simplicitor

against tresspass. A survey commission was issued

presumably on the reason that the existing boundary

separating the property of plaintiff from that of the

defendant was demolished. The properties were lying

without any boundary as on the date of suit except

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certain portion. In an injunction suit against

tresspass, there is no scope for adjudicating the exact

boundary dividing the property of plaintiff from that

of the defendant by issuing a survey commissi