IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1764 of 2006 KEDAR LOHAR @ KEDAR SHARMA & ORS. Versus PRABHU NATH RAI & ORS. ----------- For the Petitioners : Mr. Akshay Lal Pandit, Advocate For opposite Parties : M/s Udit Narayan Singh, Poonam Kuamri, Gajendra Kr. Singh and Amit Kr. Singh, Advocates 4. 26.03.2009 Heard learned counsel for the petitioners and learned counsel for the opposite parties on the limitation petition bearing I.A. No.4412/06 and also on merits of this revision application. For the reasons stated in the limitation petition, delay in filing this revision application is condoned and the limitation petition bearing I.A. No. 4412 of 2006 is allowed. This civil revision application has been filed by the defendants-petitioners against the order dated 28.6.2006 passed by Subordinate Judge, VIII, Siwan in Title Suit No. 57/97 by which the application of the defendants- petitioners under Order 26 Rule 9 read with Section 151 of the Code of Civil Procedure for appointment of survey knowing pleader commissioner has been rejected by the court below on the ground that earlier also one such - 2 - petition filed on behalf of the defendants has been rejected. Learned counsel for the petitioners informs this Court that now evidence from both the sides is complete and the case is at the stage of final arguments. In the circumstances, without setting aside the impugned order, this Court disposes of this civil revision application with observation that in case during the arguments, the trial court feels it necessary to get the physical features of the disputed plot ascertained through survey knowing pleader commissioner, in the ends of justice and for just decision of the case it will be at liberty to do so at the cost of the defendants and within fixed time frame. This civil revision application is, accordingly, disposed of. B.T. (J.N. Singh, J.)