IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10701 of 2011 Md.Ibral Alam @ Laddu Versus Md.Saukat Ali ----------- 02. 08.07.2011. Heard the learned counsel for the petitioner. This writ application has been filed against the order dated 06.05.2011 passed by Munsif, Biharsharif at Nalanda in Eviction Suit No.1 of 2010 whereby the learned Court below rejected the application filed by the petitioner who was defendant in the Court below praying for appointment of Pleader Commissioner. From perusal of the impugned order, it appears that the learned Court below has stated that the fact for which the petitioner prayed for appointment of Pleader Commissioner can be proved by the evidences adduced by the parties and, therefore, it is not necessary to appoint Pleader Commissioner. The Court below also observed that the case is pending for final hearing but with intention to delay the matter, the petitioner at this stage filed the application for appointment of Pleader Commissioner. It further appears that taking into consideration the intention 2 of the petitioner, the learned Court below has awarded cost of Rs.100/- also. In view of the above fact that the witnesses have been examined on behalf of both the parties and according to the Court below, the fact alleged by the petitioner can be gone into and decided on the basis of the evidences available on record by the Court below, I am not inclined to interfere with the impugned order in writ jurisdiction. Accordingly, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)