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2019 DIGILAW 609 (PAT)

Savitri Devi W/o Sri Chakrabarti Kumar v. Sobha Sharma W/o Kumar Sunil Chandra Sharma

2019-04-18

ANIL KUMAR UPADHYAY

body2019
ORDER : Heard learned counsel for the petitioner and learned counsel appearing on behalf of the Respondents. 2. The petitioner has filed the present writ petition challenging the order of the learned Subordinate Judge-I, Begusarai in Title Suit No. 387 of 2010 appointing Survey Knowing Pleader Commissioner. 3. Learned counsel for the respondents submits that at the relevant time the petitioner himself being the plaintiff filed a petition for appointment of Survey Knowing Pleader Commissioner, however, the Survey Knowing Pleader Commissioner was not appointed. Subsequently, when the defendants filed an application for appointment of Survey Knowing Pleader Commissioner, the Court below in order to decide the dispute finally directed to appoint Survey Knowing Pleader Commissioner and thereafter the petitioner has raised objection and filed the present writ petition. 4. The Court on consideration of the materials available on record, does not find any illegality in the order dated 14.7.2015. The appointment of Survey Knowing Pleader Commissioner will not cause any prejudice to either party. The Survey Knowing Pleader Commissioner is only an aid as to the adjudication and as such his recommendation or report has only persuasive value and it cannot be a ground to decide the suit one way or the other. 5. If the petitioner has any grievance on the report of the Survey Knowing Pleader Commissioner, liberty shall be available to the petitioner to file his objection on the report submitted by the Survey Knowing Pleader Commissioner. 6. Considering the aforesaid, the Court does not find any justification to interfere with the matter in the present writ petition. The writ application is, accordingly, dismissed with liberty to the petitioner to file objection if any, if the Survey Knowing Pleader Commissioner submits report in connection with the issue raised in Title Suit No. 387 of 2010.