IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.343 of 2011
HARILAL SAH SON OF LATE DAROGA SAH, RESIDENT OF MAUZA
KUNWAR BINGURAG, P.O. HAJIPUR, P.S. GANGA BRIDGE, DISTT.
VAISHALI ............ PETITIONER
Versus
1.THE STATE OF BIHAR THROUGH D.M. VAISHALI
2. CIRCLE OFFICER, HAJIPUR, VAISHALI
......... RESPONDENTS
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2 27.6.2011 The petitioner seeks quashing of the order dated
27.9.2010 passed by the learned 1st Sub Judge V, Hajipur,
Vaishali in Title Suit No.517 of 2007 whereby the petition for
appointment of Survey Knowing Pleader Commissioner has
been rejected.
It appears that the trial court has rejected the petition
on the ground that the issue has not yet been framed.
Having considered the facts and circumstances of the
case, I do not find any infirmity in the impugned order. The
petition filed by the petitioner in the learned court below was
pre-matured. He can file the same at an appropriate stage, which
would be considered on its own merit. The instant writ petition
is dismissed.
(S.P.Singh,J)
KHAN