IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14556 of 2011 Aas Mohammad Versus Md.Shamsuzzoha & Ors ---------------------------------- 03. 08.09.2011. Heard the learned counsel for the petitioner. This application has been filed against the order dated 26.04.2011 passed by Munsif I, Ara, Bhojpur in title suit no.83 of 1994 whereby the learned Court below rejected the application filed by the petitioner for appointment of Pleader Commissioner. The learned counsel for the petitioner submitted that at the instance of the plaintiff, a Pleader Commissioner was appointed earlier and thereafter counter-claim was filed by the petitioner which has also been allowed and then the petitioner filed the application for appointment of Pleader Commissioner on the ground that his easementary right has been obstructed by the plaintiff. According to the learned counsel, in such view of the matter, the learned Court below should have allowed the application and should have directed for appointment of Pleader Commissioner but by the impugned order, the learned Court below rejected the prayer. From the impugned order, it appears that the learned Court below found that the counter-claim of the petitioner is also with respect to the suit property and the Pleader Commissioner was appointed with respect 2 to the suit property itself. The learned Court below also found that the point which has been raised in the counter-claim by the defendant is also the subject matter with the earlier Pleader Commissioner and after investigation, the Pleader Commissioner has also submitted the report. In such view of the matter, the learned Court below found that if another Pleader Commissioner is appointed at this stage it will amount to collection of evidence for any of the parties. In view of the above findings of the learned Court below, in my opinion, it cannot be said that learned Court below acted beyond its authority or that the learned Court below acted in a way not provided under any law. I, therefore, find no merit in this writ application and accordingly, it is dismissed. Saurabh (Mungeshwar Sahoo, J.)