Ashutosh Kumar Singh @ Pappu Singh v. Ram Nath Choudhary And ANR

Patna High Court CWJC No.11702 of 2015 (2) dt.03-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11702 of 2015 ====================================================== Ashutosh Kumar Singh @ Pappu Singh .... .... Petitioner/s

Versus

Ram Nath Choudhary & Anr .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Madan Prasad Singh No-2 For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 03-05-2016 Heard learned counsel, Mr. M.P. Singh No.2, appearing for the petitioner.

2.

By the order dated 12.05.2015, the learned SubJudge, VIth Samastipur has only appointed an Advocate Commissioner in T.S. No. 23 of 2013 for investigating the points, which are mentioned by the plaintiff in the application because only the Commissioner has been appointed under Order 26 Rule 9 C.P.C. which speaks about the jurisdiction of the court. 3.

In my opinion, however, neither the case is prejudiced to the petitioner nor it occasioned failure of justice. After submission of the report, the petitioner has the right to file objection, therefore, I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction. Thus, this writ application is dismissed.

(Mungeshwar Sahoo, J) brajesh/-