A postal order dismissing a civil miscellaneous application seeking supervisory jurisdiction over an impugned order rejecting the prayer for recalling an earlier decision in a title suit, as the commissioner's appointment was deemed unnecessary.
The civil miscellaneous application is dismissed.
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Patna High Court C.Misc. No.4 of 2017 (2) dt.16-01-2017 1
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.4 of 2017
====================================================== Vijay Kumar Singh @ Vijay Kumar .... .... Petitioner/s Versus Anil Kumar Singh .... .... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Najmul Hoda For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER
2 16-01-2017 Heard the learned counsel for the petitioner.
Perused the impugned order dated 03.11.2016 passed by learned Sub Judge II, Dumraon in Title Suit No.307 of 2012 whereby the learned Court below has rejected the prayer for recalling the order dated 29.11.2015.
It may be mentioned here that the plaintiff-respondent filed the suit for declaration of title and possession on the basis of registered sale deed. Therefore, in view of the claim i.e. relief claimed by the plaintiff in the suit, the plaintiff is required to prove his title and possession over the purchased property mentioned in his sale deed. Admittedly, the defendant has not started his evidence and moreover, for deciding the question of title of the plaintiff, the Pleader Commissioner’s appointment is not at all required.
Thus, I find no reason to interfere with the impugned
order in exercise of supervisory jurisdiction.
Patna High Court C.Misc. No.4 of 2017 (2) dt.16-01-2017 2
Accordingly, this Civil Miscellaneous application is
dismissed.
(Mungeshwar Sahoo, J)
Saurabh/-
U T
2 issues framed by the court
Whether the learned Sub Judge erred in rejecting the prayer for recalling the earlier order.
Whether the appointment of a Pleader Commissioner was required to decide the question of title.
Vijay Kumar Singh @ Vijay Kumar
Anil Kumar Singh
Mungeshwar Sahoo
As recorded by the court registry
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