IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.13947 of 2010
1. ARUN KUMAR AMBASTA S/O LATE MAHESHWAR PRASAD R/O
MOHALLA- GACHHI TOLA, BEGUSARAI, P.S. AND P.O.-
BEGUSARAI, DISTT.- BEGUSARAI
2. SMT. SHASHI PRABHA W/O SRI ARUN KUMAR AMBASTA R/O
MOHALLA- GACHHI TOLA, BEGUSARAI, P.S. AND P.O.-
BEGUSARAI, DISTT.- BEGUSARAI
3. SHAILESH KUMAR SINGH S/O TRIBHUWAN KISHORE PRASAD
R/O MOHALLA- GACHHI TOLA, BEGUSARAI, P.S. AND P.O.-
BEGUSARAI, DISTT.- BEGUSARAI
Versus
1. SMT. PRABHA KUMARI W/O SRI SAKET THAKUR, D/O SRI
RADHA KANT CHAUDHARY R/O MOHALLA- GACHHI TOLA,
BEGUSARAI, P.S. AND P.O.- BEGUSARAI, DISTT.- BEGUSARAI
-----------
03. 30.11.2010 Heard learned counsel for the petitioners.
It is not considered necessary to issue notice
at this stage to the respondent in view of the nature of
the order to be passed.
The petitioners are aggrieved by the order
dated 5.11.2009 by which their request to direct for
closure of the filing of the objections to the Pleader
Commissioner report by the respondents had been
rejected. Alternatively, the respondent be directed to
file their objections.
It is submitted that the petitioners are the
plaintiffs in the suit for declaration of title and
possession. A Pleader Commissioner report has been
submitted which according to the petitioners is in their
favour. The respondent did not file any objection.
During his cross-examination the respondent has
stated that he shall file an objection, if deemed
2
appropriate at the appropriate time. The submission
therefore is that the respondent is only trying to delay
the proceedings and seeks to take advantage to file
objections after his cross-examination is over to fill up
any lacunae.
A Pleader Commissioner report is not
sacrosanct by itself with regard to its contents.
Objections may or may not be filed against it. Non-
filing of objections does not ipso facto lend full
credibility to the report. The filing of objections likewise
does not ipso fact negate the report. The evidentiary
value of the Pleader Commissioner report and the
acceptance thereof ultimately remains in the discretion
of the Court concerned to be exercised in accordance
with law. If the respondents do not wish to file
objections, the petitioner cannot compel them to do so.
If the apprehension of the petitioners with regard to
the any future conduct of the respondent turns out to
be correct at a subsequent stage, the petitioner shall
avail his appropriate remedies under the Code of Civil
Procedure.
The application stands disposed with the
aforesaid observations.
P.K. ( Navin Sinha, J.)