Chandrama Chaudhary v. Moti Lal Prasad Alias Moti Lal Sonar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1622 of 2019 ====================================================== Chandrama Chaudhary Son of Ram Lagan Chaudhary, Resident of VillageJigna Jagarnath (Barka Jigna), P.S. Meerganj, P.O. Jigna Jagarnath Distt. Gopalganj.
... ... Petitioner/Plaintiff
Versus
Moti Lal Prasad alias Moti Lal Sonar Son of Rudal Sah, Resident of VillageMeerganj, P.O. Meerganj, Distt. Gopalganj. ... ... Opposite Party/Defendant ====================================================== Appearance :
For the Petitioner :
Mr. Prabhakar Nath Rai, Advocate.
For the Defendant :
Mr.
====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL JUDGMENT Date : 08-01-2020 The present petition has been filed "for setting aside the order dated 08.02.2019 passed by Sub-Judge-Xvth, Gopalganj in Title Suit No. 71 of 1999 whereby the court below rejected the prayer for appointing the pleader commissioner."
2. Learned counsel for the plaintiff/petitioner submits that irreparable injury will be caused if the pleader commissioner is not appointed for local inspection.
3. Having heard learned counsel for the petitioner and on consideration of the materials on record, this Court is not inclined to interfere in the matter. From a perusal of the impugned order, it appears that the evidences of the parties has been closed and arguments are going on . The suit has been filed as far back as in the year 1999.
Patna High Court C.Misc. No.1622 of 2019 dt.08-01-2020 2/2
4. It is well settled that this Court does not sit in appeal over the impugned order while exercising jurisdiction under Article 227 of the Constitution of India, the scope whereof is primarily only to ensure that the learned Court below acts within the bounds of its authority. No jurisdictional error in the impugned order has been pointed out by learned counsel for the plaintiff/petitioner. The petition accordingly stands dismissed.
(Vikash Jain, J) Ibrar/- AFR/NAFR NAFR CAV DATE N.A.
Uploading Date 09.01.2020 Transmission Date N.A.