IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.13947 of 2010 1. ARUN KUMAR AMBASTA S/O LATE MAHESHWAR PRASAD R/O MOHALLA- GACHHI TOLA, BEGUSARAI, P.S. AND P.O.- BEGUSARAI, DISTT.- BEGUSARAI 2. SMT. SHASHI PRABHA W/O SRI ARUN KUMAR AMBASTA R/O MOHALLA- GACHHI TOLA, BEGUSARAI, P.S. AND P.O.- BEGUSARAI, DISTT.- BEGUSARAI 3. SHAILESH KUMAR SINGH S/O TRIBHUWAN KISHORE PRASAD R/O MOHALLA- GACHHI TOLA, BEGUSARAI, P.S. AND P.O.- BEGUSARAI, DISTT.- BEGUSARAI Versus 1. SMT. PRABHA KUMARI W/O SRI SAKET THAKUR, D/O SRI RADHA KANT CHAUDHARY R/O MOHALLA- GACHHI TOLA, BEGUSARAI, P.S. AND P.O.- BEGUSARAI, DISTT.- BEGUSARAI ----------- 03. 30.11.2010 Heard learned counsel for the petitioners. It is not considered necessary to issue notice at this stage to the respondent in view of the nature of the order to be passed. The petitioners are aggrieved by the order dated 5.11.2009 by which their request to direct for closure of the filing of the objections to the Pleader Commissioner report by the respondents had been rejected. Alternatively, the respondent be directed to file their objections. It is submitted that the petitioners are the plaintiffs in the suit for declaration of title and possession. A Pleader Commissioner report has been submitted which according to the petitioners is in their favour. The respondent did not file any objection. During his cross-examination the respondent has stated that he shall file an objection, if deemed 2 appropriate at the appropriate time. The submission therefore is that the respondent is only trying to delay the proceedings and seeks to take advantage to file objections after his cross-examination is over to fill up any lacunae. A Pleader Commissioner report is not sacrosanct by itself with regard to its contents. Objections may or may not be filed against it. Non- filing of objections does not ipso facto lend full credibility to the report. The filing of objections likewise does not ipso fact negate the report. The evidentiary value of the Pleader Commissioner report and the acceptance thereof ultimately remains in the discretion of the Court concerned to be exercised in accordance with law. If the respondents do not wish to file objections, the petitioner cannot compel them to do so. If the apprehension of the petitioners with regard to the any future conduct of the respondent turns out to be correct at a subsequent stage, the petitioner shall avail his appropriate remedies under the Code of Civil Procedure. The application stands disposed with the aforesaid observations. P.K. ( Navin Sinha, J.)