Most. Brij Kumari Devi And ORS v. Raj Narayan Dubey And ORS

Patna High Court C.Misc. No.1321 of 2016 (2) dt.14-12-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1321 of 2016 ====================================================== Most. Brij Kumari Devi & Ors .... .... Appellant/s

Versus

Raj Narayan Dubey & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Rajeev Ranjan For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 14-12-2016 Heard learned counsel for the petitioner.

Perused the impugned order dated 18.06.2016 passed by Sub Judge, Dumraon in Title Suit No.8 of 2007 whereby the learned Court below while preparing final decree, the objection raised by the petitioner to the pleader commissioner's report has been rejected. In my opinion, therefore, the order conforming the pleader commissioner's report is a decree within the meaning of Section 2(2) CPC as such is appealable under Section 96 of the Code of Civil Procedure. Therefore, the petitioner may, if so advised, filed appeal against the impugned order.

Thus, I find no reason to interfere in exercise of supervisory jurisdiction under Article 227 of the Constitution of India. Thus, this Civil Misc. application is dismissed.

Sanjeev/- (Mungeshwar Sahoo, J) U