Jagai Maji vs Kanai Maji & Ors

The revisional application is at the instance of the plaintiff in a suit for partition and is directed against Order No. 5 dated January 20, 2017 passed by the learned Civil Judge, (Senior Division), Asansol in Title Suit No. 107 of 2016.

The learned trial Judge by the order impugned has dismissed the application of the plaintiff for holding local inspection of the suit property.

The plaintiff in the suit filed an application under Order 39 Rule 1 and 2 of the Code of Civil Procedure praying an order of injunction restraining the defendants from making any sort of construction and structure on the suit property or any portion thereof as well as from transferring any part of the suit property to any third party till the disposal of the suit. The plaintiff in aid of his said application for injunction filed an application seeking local inspection of the suit property on the allegation that the defendants for the purpose of their construction work are excavating the suit property and to depict the said picture, the suit property is required to be inspected by an advocate commissioner.

The learned trial Judge has dismissed the said application of the plaintiff holding, inter alia, that there is no specification in the application in respect of which portion of the suit property the defendants are making construction.

The petitioner is not entitled to collect evidence to substantiate his allegation made in the application for injunction by taking recourse of Order 39 Rule 7 of the Code.

This Court, therefore, does not find any illegality and/or infirmity in the order impugned.

C.O. No. 645 of 2017 is dismissed.

No order as to costs.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.