IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.458 of 2009 1. TAKESHWAR JHA, SON OF BABAJEE JHA 2. CHANDRA BHUSHAN JHA, SON OF TAKESHWAR JHA. 3. KAMLESH JHA, SON OF GANJENDRA JHA 4. BIMLESH JHA, SON OF GANJENDRA JHA ALL RESIDENTS OF VILLAGE-GARHPURA, P.S.- GARHPURA AND DISTRICT-BEGUSARAI. ……………DEFENDANTS/PETITIONERS. Versus 1. SURJBALI JHA, SONN OF LATE RAMESHWAR JHA 2. DEV BALI JHA, SON OF LATE RAMESHWAR JHA 3. RAMENDRA JHA, SON OF LATE CHANDRABALI JHA 4. MITHILESH JHA, SON OF INDRABALI JHA ALL RESIDENTS OF VILLAGE AND P.S.-GARHPURA, DISTRICT-BEGUSARAI. ………………PLAINTIFFS/OPPOSITE PARTIES. ----------- 2 23.03.2009 Heard learned counsel for the petitioners. This revision application has been filed by defendants against the order dated 17.12.2008 passed by Additional Munsif-IV, Begusarai in Title Suit No. 146/1990 by which the application of the petitioners to exhibit the survey map prepared by the Pleader Commissioner has been rejected. From the impugned order, it is apparent that the fact of preparation of the map by the Pleader Commissioner on 22.5.2006 after the measurement of the land on the previous date is not disputed. It appears that the report of the Pleader Commissioner and other papers have been exhibited by the Pleader Commissioner, who has been examined as PW-8. The plaintiffs took objection to the said prayer of the defendants-petitioners herein on the ground that earlier revision application of the petitioner was dismissed by this Court with liberty to the petitioners to file an application for early submission of the report by the Pleader Commissioner, which the court below was required to consider by fixing time for 2 submission of the said report. It is obvious that as the Pleader Commissioner was examined as PW-8 and his report and other papers were exhibited in the suit. The map prepared by him of the land on the next date of the measurement held by him also ought to have been exhibited along with the report and the other papers. In the circumstances, the order dated 17.12.2008 is set aside and the matter is remitted back for consideration and appropriate orders by the learned court below on an early date. With the above observations and directions, this revision application is disposed of. Arvind/ ( J. N. Singh, J.)