Jawed Akhtar v. Kamal Kumar Prasad And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10966 of 2015 ====================================================== Jawed Akhtar .... .... Petitioner/s

Versus

Kamal Kumar Prasad & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gautam Kumar Yadav,Advocate. For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 28-04-2016 Heard the learned counsel Mr. Gautam Kumar Yadav for the petitioner.

Perused the order passed by the Court below, i.e., Munsif Ist, Gaya in Title Suit No. 08 of 1995 dated 09.06.2015, it appears that the plaintiff-respondent filed the suit for permanent injunction. The defendant filed application for appointment of Pleader Commissioner on the ground that the description of the subject matter of the suit is vague and, therefore, the Pleader Commissioner should be appointed. The Court below after considering the case, rejected the application on the ground that the petitioner is only adopting delay in tactics to delay the disposal of the suit.

Since the suit has been filed for injunction only, there is no need of appointment of Pleader Commissioner. Therefore, I do not find any reason to interfere with the impugned order as it

Patna High Court CWJC No.10966 of 2015 (2) dt.28-04-2016 2/2 neither caused prejudice any party nor it occasioned failure of justice. Thus, this writ application is dismissed. (Mungeshwar Sahoo, J) ravi/- U T