IN THE HIGH COURT OF JHARKHAND RANCHI
W.P. (C) No. 1645 of 2011
Dinanath Tiwary ... ... ... Petitioner
Versus
1. Smt. Monita Rana
2. Smt. Annpurna Rana Respondents
CORAM: THE HON'BLE MR. JUSTICE PRASHANT KUMAR
............
For the Petitioner : M/s Kundan Kumar Ambastha, Sandeep Verma
For the Respondents :
ORDER
3/27.06.2011
This writ application has been filed against the order dated
3.3.2011 passed by Munsif Koderma in Title Suit No. 49 of 2006
whereby and whereunder he rejected the application filed by the
petitioner dated 10.02.2011 for appointment of Pleader Commissioner
at the stage of argument.
It appears that parties had appeared and pleadings had
already been exchanged between them. In the W.S. itself, defendant
had made averments that they owned 10 decimals of land on plot no.
4242 and disputed house situates on the said land. It appears that
after filing of W.S., petitioner, who is plaintiff in the court below had not
prayed for appointment of pleader commissioner to ascertain as to
whether house situates on plot no. 4241 or not ? Impugned order
further reveals that plaintiff only woke up in this regard after
examination of defendant no. 2. Court below has rejected the said
application on the ground that same has been filed after long delay
and also on the ground that in fact plaintiff-petitioner wants to create
new evidence after close of his case. The learned court below relied
upon a judgment of this court for coming to such conclusion.
I find no illegality in the said order. This writ application is
dismissed.
(Prashant Kumar, J.)
Binit