IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.610 of 2009 1. SMT. RITA DEVI, WIFE OF KAMTA PRASAD 2. SRI KAMTA PRASAD, SON OF LATE GANGA PRASAD, BOTH RESIDENTS OF VILLAGE HARISH CHANDRA NAGAR, P.S. PHULWARI SHARIF, DISTRICT PATNA…. DEFENDANTS-PETITIONERS Versus SMT.ASHA DEVI, WIFE OF SRI SAHDEO PRASAD SINGH, RESIDENT OF VILLAGE CHANDRA NAGAR HOUSE OF SRI AWADH SINGH, P.S. PHULWARI SHARIF, DISTRICT PATNA PERMANENT RESIDENT OF HARISH CHANDRA NAGAR, P.S. PHULWARI SHARIF, DISTRICT PATNA… PLAINTIFF- OPPOSITE PARTY ----------- 2 17.04.2009 Heard learned counsel for the petitioners. This civil revision application has been filed by the defendants-petitioners against the order dated 9.3.2009 passed by learned Munsif Ist, Patna in Title Suit No.2 of 2004 by which the learned Munsif has rejected the petition of the defendants under Order 26 Rule 9 of the Code of Civil Procedure for appointment of pleader commissioner for scientific measurement of the disputed land. From the order of the learned court below it appears that the plaintiff’s evidence has been closed and the defendants have now to lead their evidence. Instead of adducing evidence, they have filed this 2 petition. The court below has observed that since the defendants’ evidence has yet to begin, it was not inclined to allow the petition at this stage. It is obvious that the defendants have to lead their evidence and set up their case with support of their evidence – oral and documentary. If after conclusion of the evidence, the court below finds any necessity for appointment of pleader commissioner for scientific measurement of the disputed plot and for report regard to the physical feature of the property in dispute for just decision in the case, it will do so. With the above observation, this civil revision application is disposed of. B.T. (J. N. Singh, J.)