Sri Ajay Kumar And ORS v. The State Of Bihar And ORS

Patna High Court CWJC No.3203 of 2014 (2) dt.08-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3203 of 2014 ====================================================== Sri Ajay Kumar & Ors .... .... Petitioner/s

Versus

The State of Bihar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anil Chandra For the Respondent/s : Mr. Aag14- Kaushal Kr Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 08-01-2016 Heard the learned counsel for the petitioners and the learned AC to AAG 14 on behalf of the State respondents. By the impugned order dated 30.09.2013 passed by the Sub-Judge VII, Biharsharif, Nalanda in Title Suit No. 223 of 2010 the Court below had rejected the application filed by the plaintiffspetitioners under Order 26 Rule 9 C.P.C. for appointment of Pleader Commissioner.

From perusal of the impugned order, it appears that the Court below has rejected the said application on the ground that the plaintiff-petitioners are yet to adduce their evidence. It is settled principle of law that for collection of the evidence the Pleader Commissioner cannot be appointed and therefore, the Court below has rightly rejected the application.

Patna High Court CWJC No.3203 of 2014 (2) dt.08-01-2016 In such view of the matter, in exercise of supervisory jurisdiction, the impugned order cannot be interfered with. Thus this writ application is dismissed.

(Mungeshwar Sahoo, J) ravi/- U