IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1806 of 2006 UPENDRA RAI, SON OF LATE MACHCHU RAI, RESIDENT OF VILLAGE SALAHA, P.O. SALAHA, P.S. JANDAHA, DISTRICT VAISHALI …………………………………………………………PLAINTIFF-PETITIONER Versus 1. MUNESHWARI DEVI, WIFE OF LESO RAI, RESIDENT OF VILLAGE SALAHA, P.O. SALAHA, DISTRICT VAISHALI.….DEFENDANT-OPPOSITE PARTY 2. RAM SAGR RAI, SON OF LATE MACHHU RAI 3. MAHENDRA RAI, SON OF LAE MACHHU RAI 4. PARO DEVI, D/O LATE MACHHU RAI 5. LADO DEVI, D/O LATE MACHHU RAI 6. SAMUNDARI DEVI, D/O LATE MACHHU RAI 7. SAKAL DEVI, D/O LATE MACHHU RAI ALL RESIDENTS OF VILLAGE SALAHA, P.O. SALAHA, P.S. JANDAHA, DISTRICT VAISHALI… PLAINTIFFS-OPPOSITE PARTIES ----------- 4. 30.03.2009 Heard learned counsel for the petitioner. The plaintiff-petitioner has filed this civil revision application against the order dated 3.6.2006 passed by Munsif II, Vaishali at Hajipur in Title Suit No.168 of 2001 by which the learned Munsif has ordered for appointment of survey knowing pleader commissioner for measuring the land in dispute and submission of a report. Learned counsel for the petitioner submits that the suit is at the advance stage of argument and, therefore, at this belated stage, the trial court ought not to have passed the order for appointment of survey knowing pleader commissioner. He further submits that in case the pleader commissioner comes to measure the suit land, he can measure the same from western side. - 2 - So far as power of trial court to pass order for appointment of pleader commissioner is concerned, apparently for a just decision of the case, it is open to the trial court to get the suit land measured and to submit the report by the survey knowing pleader commissioner to facilitate adjudication of the issues between the parties. So far as measuring the land from any side is concerned, it is open to any party to file a petition before the pleader commissioner for the purpose and the pleader commissioner has to take measurement of the suit land in presence of the parties and as identified by them. In that view of the matter, I do not find any reasons to interfere with the impugned order of the court below and, therefore, this civil revision application is disposed of with the above observation. B.T. (J.N. Singh, J.)