Krishna Singh v. Sri Jagdish Kumar And ORS

Patna High Court C.Misc. No.1567 of 2016 (2) dt.09-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

CIVIL MISCELLANEOUS JURISDICTION No.1567 of 2016 ====================================================== Krishna Singh .... .... Appellant/s

Versus

Sri Jagdish Kumar & Ors .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Om Prakash Singh For the Respondent/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 09-01-2017 Heard the learned counsel for the petitioner and the learned counsel for the respondent.

Perused the impugned order dated 27.09.2016 passed by Sub Judge III, Danapur in Title Suit No.208 of 2009 whereby the learned Court below rejected the application filed by the defendant-petitioner for appointment of Advocate Commissioner.

It appears that partition suit had been filed by the plaintiff-respondent. The defence is that there had already been partition. In view of the controversies between the parties, it is not necessary to appoint pleader commissioner or Advocate Commissioner for verification of the suit properties. The Court below has, therefore, rejected the application and thus I find no reason to interfere with the impugned order in exercise of supervisory jurisdiction.

Accordingly, this Civil Misc. application is dismissed. Sanjeev/- (Mungeshwar Sahoo, J) U T