IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1058 of 2006 MD.KALIMUDDIN @ MD.KALIMUDADAN Versus SAHNI KHATOON & ORS ----------- 4 20.11.2008 Heard counsel for the petitioner. In the opinion of this Court, an order rejecting prayer of the defendant-petitioner seeking appointment of Pleader Commissioner, does not amount to any jurisdictional error. Discretion so vested to the Court below under Order XXVI Rule 9 would not warrant appointment of a Pleader Commissioner at the whim/fancies of litigating parties. The additional reason given for delay therefore, may be one factor for rejecting the application, but the crucial question remains whether such discretion was fit to be exercised by the Court below. If the Court below upon consideration of materials on record has come to a conclusion that there was no requirement for appointment of Pleader Commissioner, in the suit, this Court would substitute its opinion while exercising its revisional power under Section 115 of the Code of Civil Procedure for setting aside that part of the finding in the impugned order. Be that as it may, this Court does not find any jurisdictional error in the impugned order. Accordingly, this Civil Revision application is dismissed. Bibhash (Mihir Kumar Jha, J.)