IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1767 of 2007 KISHORE SINGH @ KISHORE KUMAR SINGH, SON OF LATE KAILASH SINGH, RESIDENT OF MOHALLA- TOPKHANA BAZAR, P.O. MUNGER, P.S. KOTWALI, DISTRICT-MUNGER. …………………DEFENDANT 1ST SET…..PETITIONER. Versus 1. JAI NARAYAN PRASAD , SON OF LATE BAIJNATH PRASAD, RESIDENT OF MOHALLA-TOPKHANA BAZAR, P.O. MUNGER, P.S. KOTWALI, DISTRICT- MUNGER. ………………PLAINTIFF…OPPOSITE PARTY 1ST SET. 2. SHAILENDRA KUMAR SINHA, SON OF LATE SACHIDANAND PRASAD SINHA. ….DEFENDANT 2ND SET….OPPOSITE PARTY 2ND SET. 3. MOST. SUDHA SINGH, WIFE OF LATE ASHOK SINGH. 4. KESHAW KUMAR SINGH, SON OF LATE ASHOK SINGH. 5. SANGITA SINGH, DAUGHTER OF LATE ASHOK SINGH. 6. GOPESH KUMAR SINGH, SON OF LATE ASHOK SINGH. 7. SUDESH KUMAR SINGH, SON OF LATE ASHOK SINGH. ALL FROM 2 TO 7 ARE RESIDENT OF MOHALLA- TOPKHANA BAZAR, P.O. MUNGER, P.S. KOTWALI, DISTRICT-MUNGER. ……DEFENDANTS..1ST SET…PROFORMA..OPPOSITE PARTIES. -------- For the Petitioner : Mr. Rana Ishwar Chandra, Advocate. -------- 2. 11.3.2010. This Civil Revision is directed against the order dated 24.5.2007 passed in Title Suit No.10/01/47/05, - 2 - whereby the prayer of the defendant 1st party-petitioner for expunging the deposition of the concerned Survey Knowing Pleader Commissioner had been rejected on the ground that since after examination- in -chief, he was cross examined in part, however, he could not be cross examined due to his death. Court below has come to the conclusion that the same does not become inadmissible but the degree of weight to be attached to the said deposition would depend upon the circumstances of the case. After some argument, learned counsel for the petitioner seeks permission to withdraw this Civil Revision with a liberty to the pursue the matter in issue at an appropriate stage before the court concerned regarding question as to how much weightage could be attached to such deposition. Permission is accorded. This Civil Revision is dismissed as withdrawn. However, since by the impugned order, it had been held that though in the circumstances stated therein the evidence of Survey Knowing Pleader Commissioner would be admissible but what degree of weight is to be attached with - 3 - it would depend upon the circumstances of the case, the petitioner would be at liberty to raise such question at an appropriate stage in view of the law laid down by a Bench of this Court in Srikishun Jhunjuunwalla Vs. Emperor {AIR (33) 1946 (Patna) 384} which had already been followed by the court below. If such an issue is raised at an appropriate stage, the court concerned shall decide it in accordance with law. P.S. (Dr. Ravi Ranjan,J)