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ANIL KUMAR SINHA
Satyadeo Tiwary – Appellant
Versus
Parash Nath Singh – Respondent
ORDER
The petitioner is the defendant in a suit, bearing Title Suit No. 349 of 2005, filed by the plaintiffs-respondent nos. 1 to 3, for declaration of title and possession over the Schedule-1 land of the plaint with further prayer to remove the encroachment done by the petitioner-defendant from the land to the extent as shown by way of site map, attached with the plaint.
2. Issues have already been framed in the suit and after framing of the issues, the plaintiffs-respondents filed a petition, under Order XVI Rule 10 (a) of the Code of Civil Procedure, for appointment of survey-knowing pleader commissioner, inter alia, on the ground that at the time of filing of the suit, the details of encroachment was given tentatively and further during the pendency of the suit also, the defendant has encroached further upon the suit land. As such, in order to ascertain the actual physical status of the suit land and the encroachment made over there, it is necessary to appoint a survey-knowing pleader commissioner in order to arrive at the just decision in the suit.
3. The request of the plaintiffs-respondents has been accepted by the learned Trial Court on the ground that in a suit for removal of
In a suit for removal of encroachment, Survey-Knowing Pleader Commissioner should be appointed to conduct survey in order to ascertain correct extent and boundaries of property in dispute.
Advocate Commissioner appointment justified to measure properties and note encroachments aiding adjudication.
The court established that the appointment of a Court Commissioner under Order XXVI Rule 9 CPC should follow the presentation of evidence by the parties, not precede it.
The appointment of a Commissioner can be necessary to clarify facts in cases of land encroachment.
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