(1.) Heard Learned counsel for the petitioner.
(2.) This application under Article 227 of the Constitution of India has been filed by the petitioner for setting aside the order dtd. 6/8/2018 passed by the learned Sub- Judge-III, Chapra in Title Suit No. 483 of 2014, whereby the application dtd. 3/5/2017 filed by the petitioner for appointment of survey knowing pleader commissioner has been rejected.
(3.) Learned counsel for the petitioner submitted that the court below has erred in holding that without adjudication of title appointment of survey knowing commissioner is not Patna High Court C.Misc. No.107 of 2019 dt.24/1/2019 justified. He submitted that the scientific measurement of the encroachment made by the respondents would facilitate in adjudicating the dispute between the parties. However, the court below filed to appreciate that no effective decree in a suit for removal of encroachment can be passed without scientific measurement of the encroachment alleged. He further contended that the court below completely ignored the statutory provisions of Order XXVI Rule 9, 10 and 10-A of the Code of Civil Procedure (for short 'CPC') while passing the impugned order.