IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.472 of 2009 RAM ISHWAR MAHTO SON OF LATE JAIYALAL MAHTO, RESIDENT OF VILLAGE KANHAULI, P.S. KANHAULI, DISTRICT- SITAMARHI …. DEFENDANT/PETITIONER Versus BIPIN BIHARI MANDAL, SON OF LATE RAMASHISH MANDAL, RESIDENT OF VILLAGE KANHAULI, P.S. KANHAULI, DISTRICT- SITAMARHI … PLAINTIFF/OPP.PARTY ----------- 2. 26/03/2009 Heard learned counsel for the petitioner. This revision application has been filed by the defendant petitioner against order dated 29.1.2009 passed by Munsif, Sitamarhi in Title Suit No.18 of 2008, by which the petition of the defendant for rejecting the suit filed by the plaintiff has been dismissed. From the impugned order itself, it appears that the plaintiff has filed the suit for declaration of title and confirmation of possession alleging that the defendant has erected one pillar for putting a Tower of Reliance in his land. Learned court below has rightly observed that the dispute cannot be decided without recording the evidence in the matter and considering the same. In that view of the matter, I do not find any infirmity in the order of the learned court - 2 - below and as such I do not find any merit in this revision application and the same is accordingly dismissed. Learned counsel for the petitioner submits that the petitioner may be given liberty to file a petition before the court below for appointment of survey knowing Pleading Commissioner for measurement of respective plots of the parties and submission of the report. It goes without saying that the petitioner has that liberty in the suit to take steps in accordance with law in his own interest and dismissal of this revision application shall not be treated as a bar to that liberty. Pradeep/ (J. N. Singh, J.)