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Patna High Court

Bharat PrasadversusMosmatt Lalo Kuer

Decided
Disposal
DISPOSED

Holding

The court upheld the order appointing a fresh Survey‑knowing Pleader Commissioner, finding no illegality or impropriety.

Summary

The petitioners, who were defendants in Title Suit No. 23 of 1981, challenged an order dated 18.03.2025 that set aside the report of a Survey‑knowing Pleader Commissioner concerning several land plots and directed the appointment of a fresh commissioner. They argued that they had never previously objected to the seven plots and that the earlier commissioner had expired, necessitating a new appointment. The court examined whether the impugned order was illegal or improper and considered the petitioners' right to raise objections to the earlier report. Finding no illegality or impropriety, the court upheld the order and allowed the petitioners to raise any objections to the subsequent report of the newly appointed commissioner. Consequently, the application was disposed of.

Issues considered

  • Whether the order appointing a fresh Survey‑knowing Pleader Commissioner and setting aside the previous report is illegal or improper.
  • Whether petitioners can raise objections to the earlier survey report at this stage.
  • Whether the expiration of the earlier Survey‑knowing Pleader Commissioner necessitates a new appointment.

Subjects

  • civil procedure
  • survey‑knowing pleader commissioner
  • land demarcation
  • appointment of commissioner
  • objection to survey report
  • title suit

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
            CIVIL MISCELLANEOUS JURISDICTION No.898 of 2025
     ======================================================
1.    Bharat Prasad S/o Ram Dayal Prasad, R/o Marhowrah Khurd, Marhaura,
      Saran, Marhowrah, P.S. Marhowrah, Dist. Saran
2.   Ajay Kumar S/o Late Gautam Prasad, R/o Marhowrah Khurd, Marhaura,
     Saran, Marhowrah, P.S. Marhowrah, Dist. Saran
3.   Mostt Kanti Devi w/o Late Shatrudhan D/O Late Satyanarayan Prasad R/O
     pakri mohamad, P.O.- Pakri, P.S.- Amnaur, Dist- Saran

                                                        ... ... Petitioner/s
                                      Versus
1.   Mosmatt Lalo Kuer W/o Late -Raghubir Singh @ Dhoori Singh, R/o and
     P/O- Marhourah, P.S.- Marhourah, Dist.- Saran.
2.   Prithvi Raj Singh (Minor) S/o Late Raghubir Singh R/o and P/O-
     Marhourah, P.S.- Marhourah, Dist.- Saran
3.   Asharfi Singh S/o Late Binda Singh R/o P.O. and P.S.- Marhourah, Dist.-
     Saran
4.   Ram Dutt Singh S/o Deo Raj Singh Vill Mauza- Magai, Dist. Pragana-
     Manghi, P.S.-Chapra Mufassil, P.O. Magaidih Dist. Saran
5.   Bachcha Singh S/o Vidya Singh, Mauza and Vill-Masrarkh P.O and P.S-
     Masrakh, Saran
6.   Sunain Devi W/o Durbasa Tiwary H/O Ramchandra Tiwary, Vill-Khargauni,
     P.O and P.S-Marhaura, Dist. Saran
7.   Saryug Singh S/o Isimlalun P.O and P.S-Marhaura, Pragane, Dist. Saran
8.   Yogendra Ray S/o Raghunandan Ray, Vill and P.S-Silanrhi, P.S. Marhaura,
     Dist-Saran
9.   Ashok Singh S/o Jagarnath Singh, Vill and PO Rashulpur, P.S-Amnaur, Dist-
     Saran
10. Ram Dayal Sah S/o Thakur Sah R/O and P.O. and P.S-Marhaura, Dist. Saran
11. Harnath Sah S/o late Takur Sah, R/O, P.O. and P.S.- Marhaura, Distt. Saran.
12. Rameshwar Sah, S/o Deochan Sah R/O Pakri, P.S.- Amnaur, Dist.- Saran.
13. Misri Lal Sah S/o Late Shivgovind Sah R/o, P.O. and P.S. Marhaura. Dist.-
    Saran.
14. Badami Devi W/o Misri Lal Sah, Mauza and Vill and P.O-Pakari, P.S.
    Amnaur, Dist. Saran
15. Ram Lagan Sah, S/o Yadu Sah, Vill and P.O and P.S- Marhaura, Saran
16. Chandra Shekhar Singh @ Nema Singh S/o Manan Singh, Vill-P.O and P.S-
    Marhaura, Dist. Saran
17. Krishna Singh S/o Raghubir Singh @ Dhuri Singh, Resident of Majhaura,
    Dakkhana, P.S. Majhaura, Distt. Saran.
18. Kamlabati Devi W/o Lalal Singh, D/o Raghubir Singh, Resident of Village -
         Patna High Court C.Misc. No.898 of 2025(4) dt.06-01-2026
                                                      2/3




                 Dakkhana, P.S. Majhaura, Distt. Saran at present Village and Post Gothana,
                 Majhi, Distt. - Saran.

                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Rajkumar Rajesh
                 For the Respondent/s     :        Mr.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH
                                       ORAL ORDER

4   06-01-2026                  In the instant Civil Miscellaneous application, order

                   dated 18.03.2025, passed by learned Sub-Judge, Saran in Title

                   Suit No. 23 of 1981 has been challenged. By the aforesaid

                   impugned order, the report of the learned Survey-knowing

                   Pleader Commissioner in respect of suit properties relating to

                   Plot Nos. 118, 155, 840, 818, 193, 195 and Plot No. 13 of Khata

                   No. 77 has been set aside, and an order has been passed for

                   appointment of a fresh Survey-knowing Pleader Commissioner.

                                2. Learned counsel for the petitioners submits that the

                   petitioners are defendants before the Trial Court and no

                   objection was ever raised by these petitioners with regard to the

                   aforesaid seven plots earlier, and for the first time such

                   objection has been made against                  the said order. Learned

                   counsel further submits that the earlier appointed Survey-

                   knowing Pleader Commissioner has since expired, which fact

                   itself necessitates the appointment of another Survey-knowing

                   Pleader Commissioner for proper demarcation and carving out
          Patna High Court C.Misc. No.898 of 2025(4) dt.06-01-2026
                                                       3/3




                    the respective shares of the parties in the aforesaid plots and to

                    decide the objection made by any party.

                                 3. In view of the aforesaid facts and circumstances,

                    this Court finds no illegality or impropriety in the impugned

                    order, and the same is accordingly upheld. The petitioners shall,

                    however, be at liberty to raise such objections, if so advised,

                    with respect to the subsequent report submitted by the Survey-

                    knowing Pleader Commissioner appointed by the Court.

                                 4. With the aforesaid direction, the instant application

                    stands disposed of.



                                                (S. B. Pd. Singh, J)


Ankit Kumar/-

U


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