Md. Akram Ali Ansari v. Md. Sajid Anwar And ORS

Patna High Court CWJC No.3853 of 2016 (2) dt.28-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3853 of 2016 ====================================================== Md. Akram Ali Ansari .... .... Petitioner/s

Versus

Md. Sajid Anwar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mohammed Abu Haidar For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 28-04-2016 Heard learned counsel, Mr. Abu Haidar, appearing for the petitioner.

From perusal of the impugned order, it appears that the court below has rejected the application filed by the petitioner under Order 26 Rule 10-A C.P.C. on the ground that there is already a Pleader Commissioner's report in the suit and, therefore, there is no requirement for appointment of Pleader Commissioner. In view of the above position that earlier a Pleader Commissioner was appointed and he has already submitted the report, there is no question of appointment of Pleader Commissioner arises for the same purpose. Therefore, the court below has rightly rejected the application. Accordingly, this writ application is dismissed. The petitioner is at liberty to file objection, if not filed. If the objection is filed, the court below shall decide the same according to law.

brajesh/- (Mungeshwar Sahoo, J) U