IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17862 of 2011 Nand Kishore Prasad Versus The State Of Bihar & Ors ---------------------------------- 5. 22.11.2011 Heard the learned senior counsel appearing on behalf of the petitioner. By the impugned order dated 27.7.2011 passed by the Munsif, Hilsa in Title Suit No. 38 of 2005 the learned court below refused to interfere with the report of the Pleader Commissioner on the basis of the objection filed by the petitioner on 16.11.2010. The learned counsel for the petitioner submitted that the Pleader Commissioner submitted the report in absence of the petitioner without hearing him and, therefore, he filed objection to the Pleader Commissioner’s report which was not considered and the learned court below illegally rejected the said objection. From perusal of the impugned order it appears that the court below found that the Pleader Commissioner was examined as a witness and the report of the Pleader Commissioner has already been marked as an exhibit in the case and, therefore, disposed of the objection application filed by the petitioner. So far the submission of the learned counsel that the objection to the Pleader Commissioner’s report 2 was filed on 16.11.2010 but the Pleader Commissioner has been examined subsequently is concerned it appears that after filing the said objection application the petitioner never pressed the same before the court below. In view of the above facts and circumstances of the case, that the pleader Commissioners has been examined as witness and has been cross-examined and the report has been marked as an exhibit, the petitioner is at liberty to raise the grounds mentioned in the objection petition at the time of final hearing of the suit. In my opinion, therefore, it is not a case of jurisdictional error. The court below has rightly not entertained the objection. In view of the above facts and circumstances of the case this writ application is dismissed with liberty to the petitioner to raise this question at the time of final hearing. S.S. (Mungeshwar Sahoo,J.)