Patna High CourtC.Misc./944/2016dismissed

Khwaja Md. Azhar Siddique @ Azhar Siddique v. Lalan Prasad And ANR

2016-09-06Mr. Justice Mungeshwar Sahoo2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.944 of 2016 ====================================================== Khwaja Md. Azhar Siddique @ Azhar Siddique .... .... Appellant/s

Versus

Lalan Prasad & Anr .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Anjum Perveen For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 06-09-2016 Heard learned counsel Mr. Arshad Alam for the petitioner.

Perused the impugned order dated 25.07.2016 passed by learned Munsif, Jamui in Eviction Suit No.03 of 2014 which was filed by the plaintiff-petitioner on the ground of personal necessity whereby the learned Munsif has rejected the application filed by the plaintiff under Order 26 Rule 9 of the Code of Civil Procedure for appointment of Pleader Commissioner. From perusal of the impugned order, it appears that the court below has recorded a finding that it is not necessary to appoint Pleader Commissioner for making local inspection, which will be a futile exercise and it will be nothing but wastage of time. Admittedly as has been mentioned in this civil miscellaneous application at paragraph 3 that the court below is dealing with eviction suit on the ground of personal necessity in

Patna High Court C.Misc. No.944 of 2016 (2) dt.06-09-2016 the prescribed procedure i.e. under Section 14 of the Bihar Building (Lease, Rent & Eviction) Control Act, 1982. Therefore, so far appointment of Pleader Commissioner is concerned, it is not necessary at all as the plaintiff is required to prove his bonafide requirement only.

The learned counsel for the petitioner submitted that injunction application is pending and substitution application is also pending. If those applications are pending and if the petitioner shall press the same, the court below shall pass order according to law.

Accordingly, this civil miscellaneous application is dismissed.

(Mungeshwar Sahoo, J) Harish/- U