2025 (5) TMI 2272

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....rned counsel for the petitioner. 2. No notice is issued to opposite party No.1 as the matter is disposed of at the stage of admission. Notices vis-a-vis proforma opposite party Nos. 2 to 3 are dispensed with. 3. Instant petition is filed by the petitioner assailing the impugned order as at Annexure-6 passed in CS No. 250 of 2014 by learned Civil Judge (Junior Division), Jaleswar, whereby, an....

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....l investigation with the assistance of a Survey Knowing Commissioner since the same amounts to procurement of evidence for and on behalf of opposite party No.1. With such an argument, Mr. Lenka cited a decision of this Court in Shrimati Sabitri Devi Vrs. Banambar Rout and another 1991 (II) OLR 192. 5. The suit at the behest of opposite party No.1 is for declaration of right, title and interest ....

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....si Patnaik and others AIR 1983 Orissa 52. In fact, the settled legal position is that material evidence is not directed to be collected through a Survey Knowing Commissioner and only if the parties after having led evidence, the Court is unable to ascertain and adjudicate the lis properly. under such circumstances, either on an application or even suo motu, local investigation may be directed. In ....

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....ntification and location of the suit plot and the claim is that there is an easementary right accrued in favour of the petitioner, the Court is of the conclusion that it should have been left for opposite party No.2 to furnish evidence instead of demanding local investigation through a Survey Knowing Commissioner appointed in terms of Order 26 Rule 9 CPC. Such is the conclusion of the Court in vie....