DASARATH YADAV Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel Mr. Rajnikant Pandey on behalf of the petitioners and the learned counsel, Mr. Iqbal Asif Neyazi, A.C. to G.P. 4 on behalf of the respondents. This writ application has been filed by the plaintiff-petitioner against the order dated 25.5.2011 passed by F.T.C.-I, Kaimur at Bhabhua in Title Appeal Nos. 32 of 2007/116 of 2009 whereby the learned Court below rejected the application filed by the petitioners to appoint Pleader Commissioner under Order 26, Rule 10 of the Code of Civil Procedure.

(2.) The learned counsel for the petitioners submitted that to ascertain the position and also the nature of suit property, it is essential that a Pleader Commissioner be appointed but the learned Court below failed to exercise the jurisdiction vested in it by law as provided under Order 26, Rule 10 C.P.C.

(3.) On the other hand, the learned counsel appearing on behalf of the respondents objected the prayer on the ground that in fact, the application was filed by the petitioners for appointment of Pleader Commissioner only to prepare a comparable chart as to which old plot, the new plot has been carved out. There was no other prayer in the application.