1. Heard learned counsel for the petitioner, learned counsel for opposite party nos. 1 to 3-State Bank of India and learned counsel for opposite party no. 4.

2. The petitioner is plaintiff of Title Suit No. 197 of 1999, which he had filed for eviction of the tenant (Bank) and for realisation of arrears of rent etc.

3. The petitioner is aggrieved by order dated 2.11.2004 passed in the aforesaid suit, by which the learned Subordinate Judge I, Begusarai rejected his petition under Order XXVI Rule 10 of the Code of Civil Procedure for appointment of survey knowing Pleader Commissioner for measurement and investigation of the disputed premises.

4. The short fact of this case is that the said suit was filed by the petitioner for eviction of the State Bank of India from the suit premises, but later opposite party no. 4 intervened and was added as a defendant. It also transpires that the plaintiff claims to have purchased the suit premises in auction sale, whereas the State Bank of India was a tenant from before the auction purchase. Later during the pendency of the suit authorities of the State Bank of India vacated the suit premises and deposited the keys thereof in the court. He