Nilam Chaudhary And ANR v. Shashi Bhushan Singh

Patna High Court CWJC No.4229 of 2016 (2) dt.19-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4229 of 2016 ====================================================== Nilam Chaudhary & Anr .... .... Petitioner/s

Versus

Shashi Bhushan Singh .... .... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 19-07-2016 Heard learned counsel Mr. Ranjeet Kumar Singh for the petitioners.

Perused the order dated 30.07.2015 passed by learned Subordinate Judge-I, Begusarai in Title Suit No.167 of 2012 whereby the court below has rejected the application for appointment of Pleader Commissioner.

It appears that the plaintiff-respondent filed the suit for specific performance of contract. Therefore, the question to be decided in the suit for specific performance is entirely different than the purpose for which the petitioner has filed the application for appointment of Pleader Commissioner. Therefore, the court below has rightly rejected the application. As such, I find no reason to interfere with the impugned order.

Accordingly, this writ application is dismissed. Harish/- (Mungeshwar Sahoo, J) U