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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
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.'
In the case of Kalandi Swain Vs Braja Kishore reported in
(1980) ILR. I Ori P-98 the Hon'ble Court observed that provision for
inspection in Rule 7 has been enacted mostly for the purpose of
keeping on record the existing condition of the property so that if
the same is subjected later on to any change, determination or
mischief by any of the parties or by any other agency or reason that
can be known by the Court if and when required.