IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.377 of 2008 Sattan Pd. Singh @ Sanatan Pd. Singh, S/O Parmanand Singh, resident of Village- Simaria, P.S. Barauni, S.R. Teghra, District-Begusarai ----Defendant ---Petitioner Versus 1. Ram Kumar Pd. Son of late Heera Pd. 2. Ram Udgar Singh, S/O late Kameshwar Singh, both resident of Village-Simaria, Paragana Malki, P.S. Barauni, S.R. Teghra, District-Begusarai --- Plaintiff--- Opposite Parties. ----------- 2. 2.8.2010 Heard Mr. Saroj Kumar Sharma for the petitioner. The defendant of Title Suit No. 238 of 2003 ( Ram Kumar Prasad Vrs.Ram Udgar Singh & Ors.), has preferred this application under section 115 of the Code of Civil Procedure challenging the order dated 30.11.2007, whereby the learned Sub-ordinate Judge I, Begusarari, has stated that his application shall be considered at the stage of hearing of the suit. 2. We have perused the materials on record and considered the submissions of learned counsel for the petitioner. It appears that a survey-knowing Pleader Commissioner had been appointed in the suit who submitted his report. Feeling dissatisfied with the same, the defendant petitioner filed the aforesaid application for appointment of another survey-knowing Pleader Commissioner which has 2 been rejected by the impugned order to be considered at the time of hearing of the suit. No fault can be found with the impugned order. The petitioner has burdened this Court with a most unwanted matter. It is accordingly dismissed. Vinay/ ( S. K. Katriar,J. )