Back
SANDEEP KUMAR
Ram Sanjiwan Choudhary – Appellant
Versus
Arun Kumar Rai – Respondent
Sandeep Kumar, J. – In this case, the petitioner is challenging the order dated 27.07.2018 passed by learned Sub Judge, I, Samastipur in Title Suit No.344 of 2015, by which the prayer of the petitioner for appointment of Survey Knowing Pleader Commissioner has been rejected.
2. The facts of this case, as stated in the writ petition, are that the land bearing Khata No.48, Khesra No.818 belonging to Anil Kumar Mukherjee, Kanhaiya Lal Mukherjee and Mritunjay Kumar Mukherjee, sons of late Nani Gopal Mukherjee, was purchased by the petitioner-original plaintiff and the respondents-original defendants in the year 1979. The petitioner-original plaintiff and the respondent nos. 1, 2 and 3- original defendant 1st party and the respondent no.4-original defendant 2nd party, entered into a contract and accordingly, joint land of all three persons was divided in six plots. From north to south, there is a road measuring 10 feet and 8 inches for the use of all three persons. From southern side, two plots were made for business purposes one to each set of defendants. The defendant 1st party got their share of land in the middle of the road and Bishakha Devi, original defendant 2nd party, got her sh
The discretion to issue a Commission for local investigation lies with the trial Court, and the report of the Commissioner is not binding on the trial Court.
The court ruled that plaintiffs are responsible for proving their claims in litigation and cannot rely on the court to gather evidence on their behalf, emphasizing the judicial principle of party res....
Judicial orders must be reasoned, as a non-speaking order is unsustainable and undermines the court's authority.
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.
The court determined the necessity of appointing a Pleader Commissioner for proper adjudication despite delays in proceedings, emphasizing compliance with prior orders.
The appointment of a survey knowing pleader commissioner is not for collecting evidence but to assist the court, and petitioners must prove their case to justify such an appointment.
The court ruled that an application for appointing a survey commissioner must demonstrate necessity, which was not established in this case, leading to the setting aside of the trial court's order.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
