IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11416 of 2011 Ganesh Upadhyay Versus Phul Kumari Devi & Ors ----------- 02. 19.07.2011. Heard the learned counsel for the petitioner. This writ application has been filed against the order dated 26.04.2011 passed by Subordinate Judge Ist in Title Suit No.311 pf 2008 whereby the learned Court below rejected the prayer for the scientific measurement of the land in dispute by a survey knowing pleader commissioner. The learned counsel for the petitioner submitted that the plaintiff-petitioner filed the suit for declaration of title over plot No.1134 on the ground that the plaintiff had purchased through registered sale deed. The defendant appeared and filed the written statement. The defendant are not claiming the suit land, i.e., plot No.1134 rather they are claiming title over another plot i.e., plot No.1135. The plaintiff has got no concern with the defendant’s land and the defendant has got no concern with plaintiff’s land. Further, it appears that the defendants started making construction during the pendency of the suit. The petitioner 2 filed application before the Circle Officer for demarking the land of the plaintiff from the land of the defendant. A report has been submitted by the C.O. which has been annexed, i.e., Annexure ‘3’. From perusal of the impugned order, it appears that the learned Court below observed that this is not a case of encroachment. The plaintiff filed simple suit for declaration of title on the basis of sale deed. In view of the above facts, the learned Court below held that since there is no case of encroachment is made out, it is not necessary to appoint Pleader Commissioner. Admittedly, the suit is pending for evidence. The parties are at liberty to adduce evidence and prove their cases respectively. If the Court will feel that it is necessary to appoint Pleader Commissioner, the Court may appoint. In view of the above fact and circumstances of the case, I find no reasons to interfere with the impugned order. Accordingly, this writ application is dismissed. Sanjeev/- (Mungeshwar Sahoo,J.)