IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12163 of 2010 1. NARENDRA PRATAP SINGH S/O LATE SITA RAM SINGH R/O RAJANDHARI SINGH PATH, NAYA TOLA, P.S.KADAM KUAN, TOWN & DISTT-PATNA 2. SNEH SINGH W/O NARENDRA PRATAP SINGH R/O RAJANDHARI SINGH PATH, NAYA TOLA, P.S.KADAM KUAN, TOWN & DISTT-PATNA Versus 1. THE STATE OF BIHAR THROUGH THE COLLECTOR PATNA 2. BISHARAM SHARMA S/O LATE MUNDRA SHARMA R/O N/19, PROFESSOR COLONY, CHITRAGUPTA NAGAR,P.S.PATRAKAR NAGAR, KANKARBAGH, PATNA 3. THE MANAGER, UNION BANK OF INDIA, BRANCH FRAZER ROAD, P.S.KOTWALI, DISTT-PATNA 4. SMT. MEENA KUMARI D/O LATE BRAHMDEO SINHA R/O NAYA TOLA, P.S.KADAM KUAN, DISTT-PATNA 5. MITHU S/O LATE BRAHMADEO SINHA R/O NAYA TOLA, P.S.KADAM KUAN, DISTT-PATNA 6. SANJAY KUMAR S/O LATE RAJENDRA PRASAD SINGH R/O NAYA TOLA, P.S. KADAM KUAN, DISTT-PATNA 7. SUJAY KUMAR S/O LATE RAJENDRA PRASAD SINGH R/O NAYA TOLA, P.S.KADAM KUAN, DISTT-PATNA 8. THE SECRETARY, BANK OF BIHAR CO-OPERATIVE HOUES CONSTRUCTION SOCIETY LTD. BANKSMEN COLONY, CHITRAGUPTA NAGAR, KANKARBAGH, PATNA ----------- 2. 03.02.2011 Heard learned counsel for the petitioner. The power to appoint Pleader Commissioner under order 26 Rule 9 is a discretionary power exercised upon the satisfaction of the Court concerned. That cannot be interfered with for the mere asking in exercise of supervisory powers under Article 227 of the Constitution of India if this Court is otherwise satisfied of the discussion in the impugned order with regard to the fulfillment 2 of statutory conditions on basis of which the order has been passed. The power being discretionary, only because a different view can possibly be taken by this Court shall not be sufficient justification to interfere with a discretionary order otherwise valid in law. In any event of the matter, a report of the Pleader Commissioner is not conclusive by itself but has to fall for appropriate consideration by the Court concerned. The application is dismissed. P. Kumar ( Navin Sinha, J.)