BACHI DEVI Vs. RAGHAWENDRA SHAHI

JUDGEMENT

(1.) Heard Mr Brajendra Nath, learned Counsel for the pelilioner.

(2.) This civil revision is directed against the order dated 29:4.1999/1.5.1999 passed by the learned Subordinate Judge I, Muzaffarpur, in partition Suit No. 75/64 whereby he has rejected the objections of the petitioner with respect to the Pleader Commissioner's report. While assailing the validity of the impugned order, learned Counsel submitted that the Pleader Commissioner has failed to carry out the directions of this Court passed on Smt. Saraswati Devi Another v, Mostt. Joti Kuer and Others1, whereby the judgment and decree in question were upheld with certain modifications. A copy of the judgment of this Court is marked as Annexure 2' to this civil revision application. Learned Counsel relies on the following directions of this Court passed in the aforesaid Second Appeal. "Adjudication of the issues raised in the appeal have now become academic. Interest of both the parties shall be satisfied by maintaining the pattibandi in the report of the Pleader Commissioner submitted to the Court of the District Judge, Muzaffarpur, with- the modification that a fresh division of plot Nos. 1, 24, 26, 51, 54 and 56 shall be made from south to north maintaining the area and compactness allotted to the parties respectively. Now a final decree shall be prepared according to the Pattibandi with the modification indicated above."

(3.) In the submission of the learned Counsel, this direction has not in its true letter and spirit been carried out by the Pleader Commissioner and, therefore, the Pleader Commissioner's report should be set aside and a new Pleader Commissioner may be appointed to carry out the directions of this Court.