IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1473 of 2006 KAMESHWAR MANDAL & ORS Versus SATYA NARAYAN MANDAL & ORS ----------- 3 27.11.2008 Heard counsel for the petitioners. What would be the role of an Advocate Commissioner in terms of Order XXVI Rule 9 and how that report once submitted would be appreciated, is on aspect which can be looked into by the Court below but when it was the specific case of the petitioners- defendants in a partition suit that neither the Pleader Commissioner had given any notice to them nor the Court below had allowed an effective opportunity to submit their objection against such ex-parte report of Pleader Commissioner, this Court in the interest of justice would direct the Court below to reconsider the whole issue pertaining to the acceptance of the report of the Pleader Commissioner strictly in accordance with mandate of law. It is, however, made clear that this Court has only looked into the specific terms of reference for which the plaintiff-opposite parties had sought appointment of Pleader Commissioner in their application dated 24.8.2005 which to say the least was confined to finding at the physical feature of the land in question. This part 2 of the Pleader Commissioner’s report was in fact covered by the paragraph No. 2 of such report but the Pleader Commissioner had definitely exceeded his brief when he had also started taking evidence on the issue of previous possession and had also gone to record something about the possession of the land in question. That was never the scope of the terms of reference of the appointment of the Pleader Commissioner. Taking the aforementioned aspect into consideration and the objections raised by the petitioners to the aforementioned report of the Pleader Commissioner, it would be necessary that the whole matter with regard to the acceptance of the report of the Pleader Commissioner is examined afresh by the Court below without being prejudiced by its earlier order i.e. the impugned order. This application, therefore, is disposed of with a direction to the Court below to reconsider the application filed by the petitioners raising objection against the report of the Pleader Commissioner and decide the same strictly in accordance with law. With the aforementioned observations and directions this Civil Revision application is disposed of. Bibhash (Mihir Kumar Jha, J.)