Patna High Court
Bikrama SinghversusBrij Narayan Singh and Anr
- Decided
- Disposal
- DISPOSED
- Bench
- S B P SINGH
Holding
The High Court set aside the impugned order and granted liberty to the petitioner to examine the Survey‑Knowing Pleader Commissioner and produce his report.
Summary
The petitioner sought to quash an order of Sub‑Judge‑XV dated 7‑May‑2017 which had rejected his petition to have the Survey‑Knowing Pleader Commissioner’s report taken as an exhibit after reopening evidence in Title Suit No. 406 of 2011. The petitioner argued that the commissioner had been appointed by the court and his report should be placed on record for consideration, irrespective of the closure of evidence. The Sub‑Judge dismissed the petition on the ground that the case was fixed for arguments and the commissioner’s evidence was not material. The Patna High Court held that the lower court erred in refusing to admit the report, set aside the impugned order and granted the petitioner fifteen days to examine the commissioner and produce his report. The court also allowed the respondent a month to rebut the evidence and directed that the case be disposed of within three months.
Issues considered
- Whether the order rejecting the petition to mark the Survey‑Knowing Pleader Commissioner’s report as an exhibit can be quashed
- Whether the report of a court‑appointed Survey‑Knowing Pleader Commissioner must be taken on record despite the closure of evidence
- Whether the petitioner is entitled to examine the commissioner and produce his report
Subjects
- civil miscellaneous jurisdiction
- quash order
- Survey‑Knowing Pleader Commissioner
- evidence admissibility
- title suit
- procedural law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CIVIL MISCELLANEOUS JURISDICTION No.1596 of 2017
======================================================
Bikrama Singh Son of late Tapesar Bhagat Resident of Village Bagahawa
Mishra, P.O. Sisai, P.S. Bhore, District- Gopalganj.
... ... Petitioner/s
Versus
1. Brij Narayan Singh and Anr Son of late Tapesar Bhagar Resident of Village
Bagahawa Mishra, P.O. Sisai, P.S. Bhore, District- Gopalganj.
2. Sanjay Kumar Singh Son of Harhangi Singh Resident of Village Kushhar ,
P.O. Sisai, P.S. Bhore, District- Gopalganj.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Dwivedi
For the Respondent/s : Mr.Dewanand Tiwari
======================================================
CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
ORAL ORDER
8 05-02-2026 Heard learned counsel for both the parties.
2. The present civil miscellaneous application has
been filed for quashing the impugned order dated
07.05.2017/08.05.2017 passed by learned Sub-Judge-XV,
Gopalganj in Title Suit No. 406 of 2011 by which he rejected
the petition dated 24.04.2017 filed for marking the
commissioner’s report as an exhibit after reopening the
evidence.
3. The report of the Survey-Knowing Pleader
Commissioner, who was appointed in this case by order of the
Court, was not taken into evidence as it was not exhibited, for
which the petitioner had filed a petition. The said petition was
rejected solely on the ground that the case was fixed for
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arguments and that the evidence of the Survey-Knowing Pleader
Commissioner was not important, and further on the ground that
the evidence of both the parties had already been closed.
4. Learned counsel for the petitioner submits that
survey knowing pleader commissioner was appointed by the
order of the Court and if the survey knowing pleader
commissioner was appointed, his report must come on the
record. However, what is the relevancy and evidentiary value of
that report in decision of the case will be considered at the time
of judgment but if exercise has already been taken by the Court
for appointment of survey knowing pleader commissioner, his
report appears to be necessary in this case.
5. The case has been pending consideration since
2011, and it appears that since 07.05.2017 the matter has been
fixed for final arguments. In view of the aforesaid facts, the
impugned order dated 07.05.2017 is hereby set aside, and the
petitioner is granted liberty to examine the Survey-Knowing
Pleader Commissioner to prove his report. For this purpose, the
petitioner is granted a period of fifteen days from the date of
production/receipt of this order. If the defendant/respondent
wishes to rebut the said evidence, he shall be at liberty to
adduce evidence within a period of one month thereafter. In any
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event, the case shall be disposed of within a period of three
months.
6. With the aforesaid, the present application stands
disposed of.
(S. B. Pd. Singh, J)
Ankit Kumar/-
U
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