Dashrath Pandit v. Gautam Pandey And ORS

Patna High Court C.Misc. No.58 of 2017 (2) dt.19-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.58 of 2017 ====================================================== Dashrath Pandit .... .... Appellant/s

Versus

Gautam Pandey & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rama Kant Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-01-2017 1.

Heard the learned counsel for the petitioner. 2.

Perused the impugned order dated 29.08.2016 passed in Title Suit No.75 of 2009 whereby the learned Execution Munsif, Ara has rejected the objection petition of the petitioner to the Advocate Commissioner dated 19.03.2013.

3.

From perusal of the impugned order, it appears that the Court has stated that the Advocate Commissioner may be examined as witness in the case and the report shall be considered and accordingly, the Court below confirmed the report and has rejected the objection filed by the petitioner. 4.

Since petitioner can cross-examine the pleader commissioner, if he will prove his report, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. 5.

Thus, this Civil Misc. application is dismissed. Sanjeev/- (Mungeshwar Sahoo, J) U