Ananta Kumar Mishra v. Durga Prasad & ORS

sandip Ct. 18 02.05.2022 C.O. No. 4148 of 2019 Ananta Kumar Mishra & Ors.

Vs.

Durgaprasad Panda & Ors.

Mr. Gautam Das, Mr. Probal Das ... For the petitioners. Mr. Gautam Das, learned advocate for the petitioners files affidavit-of-service, which is taken on record.

In spite of service none appears on behalf of the opposite parties.

The petitioners are the plaintiffs of Title Suit No. 23 of 2019 pending before the Court of learned Civil Judge, (Junior Division) at Kakdwip, District - 24 Parganas (South).

The petitioners are aggrieved by the order dated November 04, 2019 passed in the said suit whereby the learned Trial Judge has allowed an application under Order XXXIX Rule 7 of the Code of Civil Procedure filed by the defendants/opposite parties for holding local inspection of the suit properties on different points mentioned in the said application. Heard Mr. Das, learned advocate for the petitioners, perused the materials on record.

On perusal of the said application, it appears that except some allegation against the plaintiffs, there is nothing in the said application justifying local

inspection of the suit properties. That apart, points on which the inspection of the suit properties has been sought for are aimless and beyond the scope of Order XXXIX Rule 7 of the Code.

Moreover, the order impugned is not supported by any reason whatsoever, and is liable to be set aside on the said ground alone.

For the aforesaid reasons, the order impugned is set aside.

C.O. 4148 of 2019 is allowed with the above terms without any 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.

(Biswajit Basu, J.)