IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.38 of 2007 ---- 1. Brinda Prasad Roy 'Birendra', son of Late Upendra Roy, retired Principal, K.E. Inter College, Samastipur. 2. Devendra Roy, son of Shri Brinda Prasad Roy ‘Birendra’. 3. Jitendra Roy, son of Shri Brinda Prasad Roy, ‘Birendra’. All residents of Mohalla Dharampur Nistama, Ward No.11, Samastipur Town, P.S. and District Samastipur. 4. Usha Jha, daughter of Brinda Prasad Roy, ‘Birendra’, C/O Shri K.N.Jha, Advocate, Budha Colony, Patna. -- Plaintiffs- Petitioners. Versus 1. Singheshwar Singh, son of Late Chandrashekhar Singh, resident of Mohalla Dharampur Nistama Ward No.11, Samastipur, P.S. & District Samastipur. 2. Jogeshwar Singh, son of Late Chandrashekhar Singh, At present posted as B.S.E. Officer, Muraul Block, P.S. Muraul, District Muzaffarpur. 3. Smt. Awadhesh Devi, widow of Late Bhubneshwar Singh, Resident of village Mahthi, P.O. & P.S. Bibhutipur, District Samastipur. 4. Dr. Amrendra Kumar Singh, son of Late Bhubneshwar Singh, At present posted as Medical Officer, Employees Insurance Scheme, Dalsingsarai, District Samastipur. 5. Smt. Prabha Devi, wife of Lallan Prasad Singh, Resident of Mohalla Dharampur, Ward no.11, Samastipur, P.S. & District Samastipur. 6. Kumari Sangita Residing with Smt. Prabha Devi, resident of Mohalla Dharampur, Ward No.11, Samastipur, P.S. & District Samastipur. 7. Smt. Manju Devi, wife of Shri Krishna Chandra Pandey @ Fudan Pandey, Health Centre Tekna, P.S. Bibhutipur, District Samastipur. 8. Arun Kumar Singh, son of Sidheshwar Singh 9. Ashtosh Singh, son of Jogeshwar Singh, Both are residents of Mohalla Dharampur Nistama, Ward No.11, Samastipur, P.S. & District Samastipur. --Defendants-Opposite parties. ---- For the petitioners : Mr. Ramjanam Ojha, Senior Advocate Mr. Suresh Kumar, Advocate. For the opposite parties : None ---- 05. 22.06.2009 Heard learned counsel for the petitioners. No one appears for the opposite parties although notices were issued to them and the - 2 - name of learned counsel appears on the list for opposite party nos. 1 to 9. This civil revision has been filed by the plaintiffs challenging order dated 20.09.2006 passed in Title Suit No.08 of 1990 by which learned Munsif II, Samastipur rejected the plaintiffs’ petition objecting to the report presented by survey knowing pleader commissioner. After considering the arguments on behalf of the petitioners and the materials on record, including the impugned order, this court does not find any jurisdictional error in the impugned order of the learned court below. However, the report of the pleader commissioner is only a piece of evidence which has to be considered at the time of final hearing of the suit in view of respective claims of the parties with respect thereto. In the said circumstances, this civil revision is disposed of with a direction to the learned court below to consider the said report at the time of final hearing of the suit in the light of the respective claims of the parties. Sunil (S. N. Hussain, J.)