A civil miscellaneous application was dismissed. The Patna High Court held that the lower court's rejection of a plea for a fresh Pleader Commissioner was legal and not irrational, as the previous commissioner's report and cross-examination were already complete.
The civil miscellaneous application was dismissed.
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.
Patna High Court C.Misc. No.810 of 2016 (2) dt.03-10-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.810 of 2016
| ====================================================== Uday Chandra Bhaskar .... .... Appellant/s Versus The State of Bihar & Ors .... .... Respondent/s ====================================================== |
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| Appearance : For the Appellant/s : Mr. Arvind Kumar Singh For the Respondent/s : Mr. Smt. Nivedita Nirvikar- Ga7 ====================================================== |
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CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER |
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| 2 | 03-10-2016 Heard learned counsel for the petitioner. |
| 2. Perused the impugned order dated 24.06.2016 passed |
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| by the learned Munsif-III, Gaya in T.S. No. 87 of 2015/65 of | |
| 2007, whereby the learned court below rejected the objection | |
| application filed by the petitioner and prayer for appointment of a fresh Pleader Commissioner. |
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| 3. It appears that the Pleader Commissioner has already |
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| been appointed in this case who submitted the report and | |
| thereafter he has been examined as witness as would be evident | |
| from the impugned order. Cross-examination has been made. | |
| Thereafter this application has been filed by the petitioner praying | |
| for appointment of fresh Pleader Commissioner but the court | |
| below considering the facts and circumstances has rejected the | |
| application by the impugned order. Therefore, it cannot be said | |
| that the order passed by the court below is irrational or that it has |
Patna High Court C.Misc. No.810 of 2016 (2) dt.03-10-2016
been passed in the manner not permitted by law and it occasioned failure of justice. Therefore, it is not a case for interference in exercise of supervisory jurisdiction. Thus, this civil miscellaneous application is dismissed.
brajesh/-
U
(Mungeshwar Sahoo, J)
1 issue framed by the court
Whether the High Court should interfere in the Munsif's rejection of an application for appointment of a fresh Pleader Commissioner when the previous commissioner's report had been admitted.
Uday Chandra Bhaskar
The State of Bihar
Mungeshwar Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
