ANAND KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ petition has been filed for setting aside the order dated 14/9/2009 passed by learned Sub Judge-IV, Giridih in title Suit No. 218 of 1993, whereby the petition dated 18-7-2009 filed by defendant/Respondent No. 4 under Order 26, Rule 9 of the Civil Procedure Code for appointment of Pleader Commissioner has been allowed.

(2.) It is submitted that by order dated 22- 4-2008 passed in W. P. C. No. 1649 of 2007, this Court directed to dispose of the suit within a period of six months from the date of receipt/production of a copy of this order and decide all the issues along with the issue of valuation, but again a prayer was made on behalf of the respondent No. 4 for ascertaining the market value of the suit land including the pond.

(3.) It appears that though such prayer was made by respondent No. 4 but it has been rejected by the order in question dated 14/9/2009, apparently in view of the order dated 22/4/2008 passed in the said writ petition. However, the prayer for appointment of a Pleader Commissioner has been allowed by the learned trial Court on the ground that such evidence is necessary for proper adjudication of the suit and moreover, the defendants have not started their evidence.