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PATNA HIGH COURT
S. B. Pd. Singh, J
Ram Ishwar Yadav, Nand Kishore Singh @ Nand Kishore Yadav – Appellant
Versus
Sri Yadav @ Sri Bhagwan Yadav – Respondent
| Table of Content |
|---|
| 1. necessity of appointing a pleader commissioner. (Para 2 , 3) |
| 2. arguments against the need for a new commissioner. (Para 4) |
| 3. court's recognition of previous orders and need for expedience. (Para 5) |
| 4. setting aside the order based on necessity. (Para 6) |
| 5. court's directives for the trial court to expedite. (Para 7 , 8 , 9) |
ORAL JUDGMENT
Date : 01-12-2025 Heard the parties.
2. The present Civil Miscellaneous has been filed for setting aside the order dated 23.10.2019 passed by learned Munsif, Jagdishpur, Bhojpur at Ara in Title Suit No. 73 of 1996, whereby the application filed under Order 26, Rule-10 and Section 151 of the Code of Civil Procedure to appoint Survey Knowing/Pleader Commissioner, has been rejected without properly appreciating the facts and circumstances of the case.
3. It is submitted by learned counsel for the petitioners/plaintiffs that for deciding the issue, an application dated 23.03.2000 was made before the learned Trial Court under Order 26, Rule 10 and Section 151 of the Code of Civil Procedure to appoint a Surveyor/Pleader Commissioner which was allowed vide order dated 10.08.2000 in Title Suit No. 73 of 1996 and petitioners/plaintiffs
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