IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.534 of 2007 Jai Prakash Raut @ Jai Prakash Rai son of Sant Raut resident of Village Kajipur PO Rasalpura P.S.Doriganj Dist. Saran Defendant- Petitioner Versus 1. Darshan Rai S/o Late Somaru Rai son of Sant Rautresident of Village Kajipur PO Rasalpura P.S.DoriganjDist. Saran Plaintiff-Opposite Party no.1 2. Rajeshwar Prasad Rai 3. Bhuli Prasad Rai 4. Rama Shankar Pd. Rai All sons Late Rameshwar Rai 5. Parsan Rai S/o Late Somru Rai 6. Bharat Rai 7. Bhawani Rai sons of Late Raghu Rai 8. Sita Rai 9. Ram Sarup Rai sons of late Achhaibar Rout All resident of Village Kajipur PO Rasalpura P.S.Doriganj Dist. Saran Defendant- Opposite 2nd Parties 10. Prasadi Raut son of Late Sant Raut resident of Village Kajipur PO Rasalpura P.S.Doriganj Dist. Saran Defendant- Opposite 3rd Parties ----------- For the petitioner: Mr Nagendra Rai, Advocate Mr Navin Nikunj,Advocate --------- 02 10.09.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by defendant -petitioner challenging order dated 06.12.2006 by which learned Munsif II, Chapra rejected his petition for review of its earlier order dated 05.07.2006 confirming the report of the pleader commissioner in Title Suit no. 27 of 1997. 3. The aforesaid suit was filed by the plaintiff-opposite party no.1 for declaration of his title and recovery of possession with respect to the suit land and also for other ancillary reliefs including demarcation of Schedule land. The said suit was contested by the - 2 - defendants, whereafter issues were framed and hearing of the suit started but the arguments are yet to start. 4. After some argument, learned counsel for the petitioner seeks permission to withdraw this civil revision in order to raise his objection before the learned court below, at the time of his final argument. 5. Since the report of the pleader commissioner is merely a piece of evidence the petitioner has got every right to raise his objection with respect thereto at the time of final argument of the suit. Accordingly, this civil revision is dismissed as withdrawn with the aforesaid liberty to the petitioner to raise his objection against the report of the pleader commissioner at the time of final argument. shahid (S.N.Hussain, J)