This was an application to set aside an order rejecting a plea for appointment of a pleader commissioner for boundary demarcation. The High Court found no ground for interference as the suit was at the stage of final argument and no prejudice was shown.
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.23 of 2020
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Md. Tayyab Hussain @ Md. Taiyab S/o Abdul Jalal Resident of VillageKnatupur Pargana Balia, P.S.- Anchal- District- Begusarai.
Patna High Court C.Misc. No.23 of 2020 dt.24-02-2020 2/3
….. Defendants/Respondents 3rd Set
====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Sinha, Advocate.
For the Petitioner/s : For the Respondent/s:
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CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT
Date : 24-02-2020
The present application has been filed “for setting aside the order dated 04.09.2019 passed by Mr. Anwar Shamin, Sub-Judge-I, Begusarai in T.S. No. 176 of 1994 (CIS No. 2610 of 2013) whereby an application under Order 39 Rule 7 of C.P.C. filed by the petitioner has been rejected.”
Patna High Court C.Misc. No.23 of 2020 dt.24-02-2020 3/3
submits that the learned court below ought to have allowed the application for appointment of survey knowing pleader commissioner which was necessary as the suit was for demarcation of boundary relating to land on a portion of which both parties are admittedly in possession.
Ibrar//-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | N.A. |
| Uploading Date | 26.02.2020 |
| Transmission Date | N.A. |
2 issues framed by the court
Whether the High Court should interfere in the impugned order rejecting the application for appointment of a pleader commissioner under Order 39 Rule 7 of CPC.
Whether there is any illegality, infirmity, or error of jurisdiction in the lower court's order at the stage of final argument.
Md. Tayyab Hussain
Md. Hanif
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
