Court dismissed the writ application as the respondent's petition for survey pleader commissioner under Order VI Rule 9 CPC is a procedural step subject to trial scrutiny under Article 227.
Writ application disposed of dismissing the petitioner's grievance without interference.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17789 of 2011
====================================================== 1. Rajendra Prasad S/O Late Ram Chandra Prasad Resident Of MohallaMurarpur, Puroshottam Das Lane, Gaya, Police Station Kotwali, DistrictGaya. .... .... Petitioner/s Versus 1. Sanjay Prasad S/O Late Anandi Ram Resident Of Mohalla-Murarpur Road, Gaya, Police Station Kotwali, District-Gaya. 2. Arun S/O Late Anandi Ram Resident Of Mohalla Andar Bairagi, Police Station Delha, District-Gaya. 3. Vijay Prasad S/O Late Madan Lal Resident Of Mohalla Andar Bairagi, Police Station Delha, District-Gaya. 4. Suresh Prasad S/O Late Madan Lal Resident Of Mohalla Andar Bairagi, Police Station Delha, District-Gaya. 5. Kedar Prasad S/O Late Madan Lal Resident Of Mohalla Andar Bairagi, Police Station Delha, District-Gaya. 6. Naresh Prasad S/O Late Madan Lal Resident Of Mohalla Andar Bairagi, Police Station Delha, District-Gaya. 7. Gayatri Devi W/O Late Krishna Ram Resident Of Mohalla-Piparpati New Area Police Station Kotwali, District-Gaya. 8. Smt. Babita Devi W/O Binod Prasad C/O Pankaj Vastralaya Islampur, Police Station Islampur, District-Nalanda. 9. Smt. Muni Devi W/O Ramesh Kumar Resident Of Mohalla-Mathuria, Police Station Biharsharif, District-Nalanda. 10. Bachu Ram S/O Late Ramshar Ram 11. Ishwari Prasad S/O Late Chhotu Ram Resident Of Ramdas Gali, Gurudwara Road, Police Station Kotwali, District-Gaya. 12. Dwarika Prasad S/O Late Chhotu Ram Resident Of Mohalla Piparpati, Police Station Kotwali, District-Gaya. 13. Rajendra Ram S/O Late Bhagwan Das Resident Of Mohalla-Kali Asthan, Murarpur, Police Station Kotwali, District-Gaya. 14. Sheo Kumar Ram S/O Late Bhagwan Das Resident Of Mohalla-Ramdas Gali, Gurudwari Road, Police Station Kotwali, District-Gaya. 15. Mahesh Prasad S/O Late Jichha Ram Resident Of Mohalla Murarpur, Police Station Kotwali, District-Gaya. 16. Vinay Kumar S/O Late Jichha Ram Resident Of Mohalla Murarpur, Police Station Kotwali, District-Gaya. 17. Smt. Sangeeta Devi W/O Sanjay Prasad Resident Of Mohalla-Murarpur, Police Station Kotwali, District-Gaya. .... .... Respondent/s ====================================================== Appearance : For the Petitioner : Mr. Ashok Kumar Sinha No.3 Mr. Shyamlendra Kumar Mr. Rajesh Kumar For the Respondents 1, 2, 6, 11, 13, 14, 15 & 17 :Mr. Jitendra Pd. Singh ======================================================
Patna High Court CWJC No.17789 of 2011 (6) dt.12-09-2013 P2/2
CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
ORAL ORDER
6 12-09-2013
The petitioner is aggrieved by an order dated 26.07.2011 passed by learned Munsif-I, Gaya, in T.S. No. 64 of 1999 whereby he has allowed a petition filed by the Respondents No. 1 to 6 and 9, who are the defendants in the Court below, filed under Order VI Rule 9 of the Code of Civil Procedure for appointment of a Survey Knowing Pleader Commissioner for verification of the disputed property.
In view of the fact that any report submitted by the Survey Knowing Pleader Commissioner after verification of the disputed property, shall be subject to scrutiny at the time of trial as any other piece of evidence, this Court in exercise of power under Article 227 of the Constitution of India is not required to go into correctness or otherwise of the impugned order. The petitioner shall have the liberty to question the correctness of the report of the Survey Knowing Pleader Commissioner in course of trial, if such situation arises.
With this observation, this application is disposed of.
(Chakradhari Sharan Singh, J.)
Saif/-
2 issues framed by the court
Whether the High Court should interfere with the Munsif's order appointing a Survey Pleader Commissioner under Order VI Rule 9 CPC.
Whether the correctness of the Survey Pleader Commissioner's report should be scrutinized under Article 227.
2 provisions across 2 enactments
Rajendra Prasad
Sanjay Prasad
Arun
Vijay Prasad
Suresh Prasad
Kedar Prasad
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
