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'I do not find any substance in the submissions made on behalf of the plaintiffs/opposite parties that a disputed question of facts with regard to existence of a path way on a particular plot of land or to a plot of land adjacent thereto can be ascertained without taking physical measurement of the same by appointing a Commissioner. I do not accept the submissions made on behalf of the plaintiffs/opposite parties that it is an attempt on the part of the petitioners for fishing out evidence. I do not find that the decision of Institution of Engineers (Supra) has any manner of application in this case in view of the distinguishable facts and circumstances of that case. In that case the issue was alleged forgery with regard to the proxy vote in connection with an election.' The subject matter in the instant suit is Danga Land measuring about 40 sataks and passage of 30 ft in length on which the plaintiffs/opposite parties sought declaration. An injunction application is also pending for disposal. The defendant's prayer for inspection is to draw rough sketch map of the suit properties showing actual topography and to note the nature and character of the suit properties or to note any other local feature. On the other hand the plaintiff's prayer for inspection under Order 39 Rule 7 of the Code of Civil Procedure was to ascertain as to whether there is any (new or old) construction particularly boundary wall, Iron gate and/or any other bricks built structure is situated at and over the 'B' and 'C' schedule mentioned property or not and whether there are any building materials i.e. bricks, sand, cement iron rod is stacked and/or situated at and over the said property. An application for injunction is also filed by the plaintiff/opposite parties with a prayer for restraining the defendants/petitioner from encroaching, changing the nature and character of the eastern side of A schedule property and also erecting any sort of construction at schedule 'B' mentioned passage in any manner whatsoever. Hence in order to consider the prayer for injunction filed by the plaintiffs it is necessary to ascertain by way of inspection the schedule of points raised by both the plaintiffs and defendants. The Learned Trial Court upon considering the position that no map or document is produced by either side relating to the claim and considering the prayer for injunction was pleased to reframe the schedule submitted for inspection by the plaintiffs by observing as follows: