Narsing Rana and Another vs Rabari Devi and Others

P.P. Bhatt, J.—The petitioners by way of the present petition under Article 227 of the Constitution of India have prayed for issuance of an appropriate writ/order/direction for quashing and setting aside the order dated 27.08.2009 passed in Title Suit No. 146 of 2002 by the learned Subordinate Judge-VII, Deoghar, whereby the learned court below declined to accept the Pleader Commissioner''s Report. Heard the learned counsel for the petitioner.

Perused the impugned order as well as other materials placed on record.

It appears that in the court below, the plaintiffs have filed a Title Suit, inter alia, praying for declaration of their right, title and interest over the property in question. At one stage of the matter, upon the request made by the plaintiffs, the Pleader Commissioner was appointed by the court below, so as to ascertain the position prevailing on the site. But it appears that the report, which has been prepared and submitted before the court below by the Pleader Commissioner was not in consonance with the provisions as contained in Order XXVI, Rule IX of the Code of Civil Procedure. The reasons recorded by the court below are in accordance with law and this Court is of the view that the parties are required to prove their right, title and interest over the property in question on the strength of evidence available before the court below and the Pleader Commissioner''s report cannot be the basis of proving their right, title and interest over the property in question and the court below has not committed any error while passing the impugned order and therefore, intervention of this Court is not required under Article 227 of the Constitution of India. Accordingly, this writ petition is dismissed.