This order dismisses a civil miscellaneous petition filed by defendants in a title suit seeking appointment of a Pleader Commissioner. The High Court held that such appointment is not required as parties have already adduced evidence.
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 MISCELLANEOUS JURISDICTION No.1939 of 2017
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... ... Petitioner/s
Versus
... ... Respondent/s
====================================================== Appearance : For the Appellant/s : Mr. Rajesh Kumar For the Respondent/s : Mr. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 26-11-2018 Heard Mr. Vishwanath Prasad Singh, learned senior
Petitioners are the defendants 2nd set. The plaintiffs
filed the suit for declaration of title and confirmation of possession. During the pendency of the suit, the defendants 2nd set filed petition for appointment of Pleader Commissioner to
Patna High Court C.Misc. No.1939 of 2017(2) dt.26-11-2018 2/2
know about the physical features of the land but the learned Munsif vide order dated 19.07.2017 rejected the petition of the petitioners for appointment of Pleader Commissioner holding that the Pleader Commissioner is not at all required to be appointed to know the physical features of the land.
Mr. Vishwanath Prasad Singh, learned senior counsel for the petitioners submits that the report of the Pleader Commissioner is required for the just decision of the case in order to verify the physical features of the land but I find no error or illegality in the order. The plaintiffs filed the suit for declaration of title and confirmation of possession. The defendants 2nd set also claimed title and possession over the land. In a suit for declaration of title, the appointment of Pleader Commissioner is not at all required in order to collect any evidence. The parties have already adduced their evidence oral as well as documentary in order to prove their case of title over the disputed land. Accordingly, I do not find any merit in this civil miscellaneous petition and the same is dismissed.
(Prabhat Kumar Jha, J)
Saurabh/-
U
1 issue framed by the court
Whether a Pleader Commissioner is required to be appointed to ascertain physical features of land in a suit for declaration of title.
Jawahar Lal Dev and others
Sri Panna Lal Dev and others
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
