1 IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.10719 of 2011 VED VYAS SARSAHAY - Petitioner/s(s) Versus CHANDRA SHEKHAR CHAUDHARY & OR - Respondent/s(s) --------- 03.. 12.07.2011. Heard the learned counsel for the petitioner. This writ application has been filed against the order dated 18.02.2011 passed by Additional Munsif, Bhagalpur in Title Eviction Suit No.11 of 2000 whereby the learned Court below rejected the application filed by the tenant, defendant petitioner for appointment of Pleader Commissioner for local investigation and to report about the damages of the suit premises. The learned counsel for the petitioner submitted that the learned Court below has not exercised the jurisdiction vested in it by law. It may be mentioned here that the suit was filed for eviction of the petitioner on the ground of default and personal necessity. From perusal of the impugned order, it appears that the suit is at the stage of hearing. The learned Court below observed that only to delay the disposal of the suit, the petitioner is filing frivolous application. Moreover, since it is an eviction suit, there is no necessity for appointment of 2 Pleader Commissioner. Further, the learned Court below has exercised the jurisdiction judiciously. If another view is possible then also, in exercise of writ jurisdiction this Court will not substitute its view against the view taken by the learned Court below. Accordingly, it is not a fit case where the writ jurisdiction is required to be exercised. Thus, this writ application is dismissed. Saurabh (Mungeshwar Sahoo,J.)