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Heard learned Advocate for the petitioner. None appears on behalf of the opposite parties in spite of repeated calls.

This revisional application has been directed against the order no. 22 dated 22-02-2008 passed by the learned Civil Judge, (Senior Division), Ghatal, in Title Suit No. 27 of 2006 whereby the learned Civil Judge (Senior Division), Ghatal, has rejected the prayer of the petitioner/plaintiff for local investigation.

It appears that the petitioner/plaintiff filed an application on 20-07-2007 praying for local investigation of the suit land for ascertaining the actual area of the suit land in relation to R.S. or C.S map and for ascertaining whether there were two rooms pucca house in a portion of suit plot No. 7260 (L.R. 9860) and for ascertaining the length and breadth of the said pucca house on the ground mentioned in the petition.

But the said prayer of the petitioner/plaintiff for local investigation of the suit land was rejected by the learned Civil Judge (Senior Division), Ghatal, by the impugned order dated 22-02-2008.

Being aggrieved by and dissatisfied with the aforesaid order of the learned Civil Judge (Senior Division), Ghatal, dated 22-02-2008, the petitioner/plaintiff has filed this revisional application.

The opposite parties/defendants neither have appeared nor have filed any affidavit-in-opposition.

So, for ascertaining the actual area of the suit plot as well as for ascertaining its peculiar nature and actually who has how much area therein as well as for elucidating those points a local investigation or verification of the spot by local investigation was necessary for the ends of justice.

Further, it appears that though the Civil Judge (Senior Division), Ghatal, has made his observations that "as there is no dispute relating to the area of the suit property, I think the investigation for ascertainment the actual area of the suit plot is nothing but a wastage of time", yet he has not made any observation nor has he made any finding regarding the prayer of the petitioner/plaintiff for ascertaining as to whether there is any two roomed pucca house in a portion of the suit plot or not, and what was the length and breadth of the said pucca house. This shows that the learned Civil Judge (Senior Division), Ghatal, had no proper application of mind regarding the prayer of the petitioner/plaintiff by her application for local investigation, and the learned Civil Judge (Senior Division), Ghatal, ought to have made some observation regarding the said prayer of the petitioner/plaintiff by the said petition for local investigation. Moreover, the opposite parties/defendants will not also be prejudiced in any way if such local investigation of the suit land is made entirely at the cost of the petitioner/plaintiff.

As such, the impugned order of the learned Civil Judge (Senior Division), Ghatal, cannot stand and should be interfered with.

Accordingly, the C.O. No. 959 of 2008 is allowed. The impugned order dated 22-02-2008 passed in Title Suit No. 27 of 2006 by the learned Civil Judge (Senior Division), Ghatal, is hereby set aside with a direction upon the learned Civil Judge (Senior Division), Ghatal, to re-consider the prayer of the petitioner/plaintiff for local investigation of the suit plot entirely at the cost of the petitioner/plaintiff, which shall not be the cost of the suit.