Janardhan Prasad v. Ambika Prasad @ Ambika Sah And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9108 of 2015 ====================================================== Janardhan Prasad, Son of Sri Paspat Prasad, Resident of Village- Charihara Bazar, P.O. and P.S.- Masrakh, District- Saran. .... .... Petitioner
Versus
1. Ambika Prasad @ Ambika Sah , Son of Mahabir Sah, Resident of Village- MAsrakh, P.S.- Masrak, District- Saran.
2. Raj Kumar Prasad, Son of Sri Paspat Prasad, Resident of VillageCharihara Bazar, P.O. and P.S.- Masrakh, District- Saran.
3. Sachidanand Prasad, Son of Sri Paspat Prasad, Resident of VillageCharihara Bazar, P.O. and P.S.- Masrakh, District- Saran. .... .... Respondents ====================================================== Appearance:
For the Petitioner/s : Mr. Dhirendra Nath Jha For the Respondent/s : Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 22-04-2016 Heard learned counsel, Mr. Dhirendra Nath Jha, for the petitioner.
By the order dated 04.02.2015, the learned Munsif 4th, Saran at Chapra in Title Suit No. 116 of 1989 rejected the application filed by the petitioner for marking the Pleader Commissioner's report as an exhibit.
The learned counsel submitted that the Pleader Commissioner was appointed by the order of the Court and he submitted the report in the court, therefore, it is a part of the record but the Court below rejected the same. In view of the submission of the learned counsel himself, the Pleader
Patna High Court CWJC No.9108 of 2015 (2) dt.22-04-2016 2/2 Commissioner's report is a part of the record. Therefore, the Court has the jurisdiction to see it or refer it at the time of final hearing of the Suit and for that purpose exhibit is not necessary. In view of the aforesaid facts and circumstances of the case, I find no reason to interfere with the impugned order. The court can refer the same at the time of hearing of the Suit, if at all it is necessary. Accordingly, this writ application is dismissed with aforesaid observation.
(Mungeshwar Sahoo, J) Mishra/- U