IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.165 of 2007 Vishwanath Bhagat, son of late Bhagwan Bhagat, resident of village Gajiyapur, P.O. Parsa, P.S. Ekma, District Saran. …Plaintiff-Petitioner. -versus- 1. Dharam Nath Prasad 2. Shyama Prasad Both sons of late Jangi Mahto 3. Hira Lal son of late Sheo Mahjato 4. Ram Ekbal Prasad 5. Rama Nand Prasad 6. Indrashan Prasad Nos. 4 to 6 sons of late Ram Janam Prasad 7. Lagani Devi, wife of late Ram Janam Prasad All residents of village- Gajiyapur, P.S. Ekma, P.O. Parsa District Saran. ……Defendants-Opp. Parties 1st set. 8. Chhabila Bhagat 9. Rangila Bhagat Both sons of late Ram Lochan Bhagat 10. Rajgarhi Devi, wife of late Ram Lochan Bhagat 11. Banaras Bhagat, son of late Ram Awatar Bhagat All residents of village Gajiyapur, P.S. Ekma, P.O. Parsa District Saran. …Plaintiffs-Opposite Parties 2nd set. ----------- For the Plaintiff-Petitioner : M/s Nagendra Rai and Navin Nikunj, Advocates. For the Opp. Parties : None. ---------- 04/ 03.07.2009 Heard learned counsel for the petitioner. 2. This civil revision has been filed by the plaintiff- petitioner challenging order dated 12.10.2006 passed by learned Munsif-I, Chapra, rejecting the petition of the plaintiff-petitioner to issue summon for cross-examining the survey knowing Pleader Commissioner in Eviction Suit No. 7 of 1999. 3. From the averments as well as from the materials on record, including the impugned order, it is quite apparent that the 2 survey knowing Pleader Commissioner has submitted his report on 13.12.2005, which was confirmed on 18.01.2006 and hence the learned court below rejected the petition of the plaintiff dated 10.05.2006 for issuance of summons for cross-examining the survey knowing Pleader Commissioner. 4. This Court does not find any illegality or jurisdictional error in the impugned order of the learned court below and, accordingly, this Civil Revision is dismissed. However, the plaintiff-petitioner will be at liberty to raise objection with regard to the report of the survey knowing Pleader Commissioner while making their arguments in the eviction suit. MPS/ ( S. N. Hussain, J. )