Smt. Kishori Devi And ORS v. Raj Kumar Singh And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.31 of 2017 ====================================================== Smt. Kishori Devi & Ors .... .... Appellant/s

Versus

Raj Kumar Singh & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dronacharya For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 18-01-2017 1.

Heard the learned counsel, Mr. Dronacharya, for the petitioner.

2.

Perused the impugned order dated 09.08.2016 passed by Sub Judge I, Khagaria whereby the learned Court below has rejected the application filed by the petitioner under Order XXVI Rule 10 CPC for appointment of survey knowing pleader commissioner.

3.

It appears that earlier pleader commissioner was appointed for local inspection under Order XXVI Rule 9 CPC. Order XXVI Rule 10A provides that whether any questions arising in a suit involves any scientific investigation which cannot in the opinion of the Court be conveniently conducted before the Court, the Court may, if it thinks fit necessary or expedient in the interest of justice so to do, issue a commission to such a person as it thinks

Patna High Court C.Misc. No.31 of 2017 (2) dt.18-01-2017 2/2 fit, directing him to enquire into such question and report thereof to the Court.

4.

It may be mentioned here that this is a simple suit for partition filed by the plaintiff-respondent. Preliminary decree has not yet been prepared. Therefore, there is no question of any appointment of survey knowing pleader commissioner arises at this stage because prior to passing preliminary decree, no question is involved for scientific investigation.

5.

Thus, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Accordingly, this Civil Misc. application is dismissed.

(Mungeshwar Sahoo, J) Sanjeev/- U T