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Topwell Projects Consultants Ltd. & Anr. vs. Prem

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Code of Civil Procedure, 1908–Order 39, Rule 7–Commissioner conducted the inspection of a particular site without giving his report relating to the broader way available for leading to the lands of plaintiff-respondent–Justification–Specific averments of petitioner that the convenient and broad way was directly leading towards the land of plaintiff and the way alleged through the land of petitioner was only a small footpath–Commissioner failed to conduct the inspection with regard to be question involved before the trial Court–Impugned order set aside and trial Court is directed for getting a fresh
inspection of site.