IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.20816 of 2011 Sri Das Versus Md.Manjoor Alam & Ors ---------------------------------- 02. 30.11.2011. Heard the learned counsel for the petitioner. This application under Article 227 of the Constitution of India has been filed by the plaintiff-petitioner against the order dated 21.04.2011 and 04.06.2011 passed by Subordinate Judge V, Begusarai in Title Suit No.20 of 1998 whereby the Court below rejected the prayer of the petitioner for appointment of Survey Knowing Pleader Commissioner and instead of appointment of Survey Knowing Pleader Commissioner, a simple Pleader Commissioner has been appointed. The learned counsel for the petitioner submitted that the suit property has been amalgamated and, therefore, the Survey Knowing Pleader Commissioner can only give the report regarding the suit property and moreover, the learned Court below could have rejected the prayer made by the petitioner but without there being any prayer for appointment of Pleader Commissioner, the Court could not have appointed the Pleader Commissioner. From perusal of the application and rejoinder, it appears that there is no dispute regarding the identity of the suit property. From perusal of the impugned order, it appears that the learned Court below considered the prayer of the petitioner and came to the conclusion that because 2 there is no dispute regarding the identity of the suit property and the plaintiff has filed this suit for declaration of title and/recovery of possession the Survey Knowing Pleader Commissioner is not required to be appointed. In such view of the matter, I do not find any jurisdiction error in the order passed by the Court below so far refusing to appoint Survey Knowing Pleader Commissioner is concerned. So far the appointment of Pleader Commissioner is concerned, as the petitioner is not praying for appointment of Pleader Commissioner the order dated 21.04.2011 is set aside. However, it is made clear that if the Court is required for local investigation for the purpose of elucidating any matter in dispute, the Court is at liberty to appoint Pleader Commissioner of its own motion. With this observation, this writ application is disposed of. Saurabh (Mungeshwar Sahoo,J.)