IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10701 of 2011
Md.Ibral Alam @ Laddu
Versus
Md.Saukat Ali
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02. 08.07.2011. Heard the learned counsel for the
petitioner.
This writ application has been filed against
the order dated 06.05.2011 passed by Munsif,
Biharsharif at Nalanda in Eviction Suit No.1 of 2010
whereby the learned Court below rejected the
application filed by the petitioner who was
defendant in the Court below praying for
appointment of Pleader Commissioner.
From perusal of the impugned order, it
appears that the learned Court below has stated
that the fact for which the petitioner prayed for
appointment of Pleader Commissioner can be
proved by the evidences adduced by the parties
and, therefore, it is not necessary to appoint
Pleader Commissioner. The Court below also
observed that the case is pending for final hearing
but with intention to delay the matter, the
petitioner at this stage filed the application for
appointment of Pleader Commissioner. It further
appears that taking into consideration the intention
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of the petitioner, the learned Court below has
awarded cost of Rs.100/- also.
In view of the above fact that the
witnesses have been examined on behalf of both
the parties and according to the Court below, the
fact alleged by the petitioner can be gone into and
decided on the basis of the evidences available on
record by the Court below, I am not inclined to
interfere with the impugned order in writ
jurisdiction. Accordingly, this writ application is
dismissed.
Sanjeev/- (Mungeshwar Sahoo,J.)