IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1770 of 2006 HARILAL MAHTO Versus TARKESHWAR PRASAD & ORS. ----------- 3. 26.03.2009 I.A.No.3424 of 2007 This interlocutory application has been filed under Section 151 of the Code of Civil Procedure for substitution of the heirs of deceased opposite party no.7, as mentioned in paragraph 1 of the aforesaid application, who is said to have died on 13.4.2007. The interlocutory application is allowed. Let the heirs of deceased opposite party no.7, as mentioned in paragraph 1 of the application, be substituted in his place in the cause title of the civil revision application. Heard learned senior counsel for the petitioner. Plaintiff-petitioner has filed this civil revision application challenging the order dated 2.8.2006 passed by Munsif, Patna City in Title Suit No.1/03 by which the learned court below has suo motu passed the order for appointment of survey knowing pleader commissioner for measurement of the disputed land and for submission of the report. - 2 - Learned Senior counsel for the plaintiff-petitioner submits that appointment of survey knowing pleader commissioner will unnecessarily cause delay in disposal of the suit and in fact, there is no requirement for the same since there was no dispute with regard to the specific area of the land as claimed by the parties. Since the learned trial court has felt necessity for appointment of survey knowing pleader commissioner for inspection of the suit property and for submission of the report in terms of Order 26 Rule 9 of the C.P.C. which gives a very wide power to the trial court in the matter for the purpose of “elucidating any matter in dispute”, this Court is not inclined to set aside the impugned order. However, in view of the apprehension expressed by the learned counsel for the petitioner, this Court directs that the trial court shall take steps for appointment of survey knowing pleader commissioner and for submission of the report as expeditiously as possible so that process of local inspection, submission of the report and examination of the - 3 - survey knowing pleader commissioner as witness placing the report on record as evidence is completed within one month from the date of receipt/production of a copy of this order. With the above observation, this civil revision application is dismissed. B.T. (J.N. Singh, J.)