Dismissed

Md. Nahaluddin and Anr. v. Md. Khurshid Alam and Anr.

Patna HC2 May 2018C.Misc./509/2018

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What is this about?

This order dismisses a petition challenging a lower court decision denying appointment of a pleader commissioner in an eviction suit. The court held such appointment is unnecessary when the suit is based on personal necessity, directing defendants to file evidence instead.

What did the court decide?

Civil Miscellaneous petition dismissed; defendants directed to produce evidence; no appointment of pleader commissioner ordered.

Md. Nahaluddin and Anr. Vs Md. Khurshid Alam… — Civil Procedure and Limitation | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.509 of 2018

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======================================================

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Md. Nahaluddin

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Md. Imamuddin Both sons of late Hazi Jamaluddin residents of Mohalla Naya Tola, Aassanandpur, P.S. Tatarpur, District Bhagalpur.

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.... .... Petitioners Versus

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Md. Khurshid Alam son of late Md. Yusuf

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Zulalkha Bano wife of Md. Khurshid Alam Both residents of Mohalla - Rashidpur, Akbarnagar, P.S. Akbarnagar, District Bhagalpur.

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.... .... Respondents

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====================================================== Appearance : For the Appellant/s : Mr. Bimlendu Mishra For the Respondent/s : Mr.

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====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 02-05-2018 Heard Mr. Bimlendu Mishra, learned counsel for the petitioners.

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The petitioners being aggrieved by the order dated 02.02.2018 passed in Title Eviction Suit No.16/2012 by which the learned court below dismissed the petition of the petitioners for appointment of Pleader Commissioner and the defendants have been directed to produce the evidence.

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Mr. Bimlendu Mishra, learned counsel for the petitioners submits that the petitioners filed suit for eviction of the suit premises, which is in possession of the petitioners, on the ground of personal necessity for running whole sale and retail shop of stationary but the plaintiffs inducted many other tenants

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Patna High Court C.Misc. No.509 of 2018 (2) dt.02-05-2018

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2/2

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after filing of the eviction suit. Therefore, the

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defendants/petitioners filed petition for appointment of pleader commissioner to report about the facts that how many persons were inducted in other parts of the suit premises by the plaintiffs after filing of the suit but I find that in a suit for eviction, on the ground of personal necessity, the appointment of pleader commissioner is not at all required. The defendants may produce evidence in order to show that the plaintiffs inducted many other tenants after filing of the suit, but for that, the appointment of pleader commissioner is not required.

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Having considered the facts aforesaid, I do not find any illegality and irregularity in the order impugned.

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Accordingly, this Civil Miscellaneous petition is dismissed.

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(Prabhat Kumar Jha, J)

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Amit/-

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Md. Nahaluddin and Anr. v. Md. Khurshid Alam and Anr.

Case brief

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Md. Nahaluddin and Anr. v. Md. Khurshid Alam and Anr.

Case brief

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