ASRAF ANSARI Vs. JITENDRA PRASAD

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Civil Miscellaneous Application has been filed for setting aside the order dtd. 17/1/2018 passed in Title Suit No. 435 of 2009 by the learned Court of Sub-Judge 1st, Kaimur at Bhabua whereby and whereunder the learned Court below has rejected the petition dtd. 7/8/2014 filed by the petitioner for appointment of Pleader Commissioner.

(3.) Brief facts of the case are that the respondent being plaintiff filed the suit being T.S. No. 435 of 2009 for declaration of title and possession over the suit land. Petitioner is one of the substituted legal heirs of original defendant who filed the petition dtd. 7/8/2014 for appointment of Pleader Commissioner to inspect the suit land and to submit a report including whether there is pakka room, hand pump, tree and a shop on the suit land or not. It was stated in the petition that PW-2 in his cross-examination in para 7 denied the said fact. It is essential to bring the correct fact on record. The said petition was rejected observing that Pleader Commissioner cannot be appointed for controverting the statement made by the witness nor the same can be done for collecting the evidence.