IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.18391 of 2011 Rajaram Singh Versus Sudhan Yadav & Ors ---------------------------------- 02. 19.10.2011 Heard the learned counsel for the petitioner. By the impugned order dated 19.07.2007 passed by Sub Judge IV, Ara in title suit no.427 of 1999, the learned Court below rejected the application filed by the plaintiff-petitioner for appointment of Pleader Commissioner to investigate and submit report about the physical feature of the spot. From perusal of the impugned order, it appears that the learned Court below found that the suit was filed by the plaintiff for declaration of his title over the suit property and also to demarcate it by fixing a fixed point and also prayed for injunction and, therefore, according to the learned Court below it is not necessary to appoint Pleader Commissioner in this case. Order 26 Rule 9 of the C.P.C. provides that in any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission. Therefore, this provision of the C.P.C. speaks about the discretion of the Court and not the right of a party. It is the satisfaction of the Court in which 2 case it is necessary for appointment of Pleader Commissioner. Admittedly, in the present case, the plaintiff-petitioner has filed the suit for declaration of title with regard to the suit property and demarcating the same after appointment of a Pleader Commissioner on the basis of fixed point. The said relief can only be granted after the suit is decreed. In such view of the matter, it appears to be that the learned Court below has rightly rejected the application for appointment of Pleader Commissioner. I, therefore, find no reason to interfere with the impugned order in exercise of power under Article 227 of the Constitution of India. Thus, this writ application is dismissed. Saurabh (Mungeshwar Sahoo,J.)