IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14203 of 2010 1. KRISHNA KANT SINGH S/O SRI BHAGIRATH SINGH R/O VILL.- HARRAKH, P.S. AND DISTT.- BEGUSARAI Versus 1. RAJENDRA SINGH S/O LATE RAMJI SINGH R/O VILL.- HARRAKH, P.S. AND DISTT.- BEGUSARAI ----------- 2/ 24/2/2011 Heard learned counsel for the petitioner. The petitioner assails the order dated 15.4.2010 by which his prayer for appointing survey knowing Pleader Commissioner has been rejected. The power under Order-26, Rule-9 C.P.C. is discretionary in nature as it clarifies that such an order shall be made if the Court deems it necessary for proper adjudication of the matter in dispute. On the own showing of the petitioner, there was no dispute with regard to the identity of the lands, but alleging wrongful intrusion by the respondents the petitioner sought appointment of a Pleader Commissioner. To this Court it appears that the petitioner was primarily seeking appointment of a Pleader Commissioner to build up evidence in his favour which is not permissible. The Court finds no reason to interfere with the impugned order. The application is dismissed. KC ( Navin Sinha, J.)