S.B. Sinha, J.

These two Civil, Revision application were taken up for healing together Bad lire being disposed of by this common judgment.

2. In Civil Revision No. 47 of 1991(R) the petitioner, was the plaintiff before the court below, has questioned the legality and validity of an order dated 21.12.1990 passed by Shri S.D. Singh, Subordinate Judge-I, Incharge, Jamahedpur in Eviction Suit No.5 of 1990, whereby and whereunder, he allowed an application filed by the opposite party no. 2 purported to be under Order I Rule 10 of the Code of Civil procedure.

3. In Civil Revision No.48 of 1991 (R) and order dated 23.1.1991 palled by the learned court below in the aforementioned suit has been question inter alia, on the ground that no Pleader Commissioner could have been appointed at the instance of the opposite party no. 2.

4. The basic facts of this case are not in dispute. The aforementioned petitioner filed the aforementioned Eviction suit no 5 of 1990 as against the defendant opposite party no.1, on the ground that:

(a) he has committed breach of tenancy:

(b) the plaintiffs bonafide and in good faith requires the tenanted permises;

(c) the defendant-opposite party no. 1 is a defau