IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1893 of 2006 MALTI DEVI @ SMT.MALTI DEVI Versus DWARIKA PRASAD ----------- 3. 13.5.2009 Heard. After having heard Sri S.S.Dwivedi the learned counsel appearing for the petitioner the court does not desire to disturb the order impugned because it was merely an order appointing Survey Knowing Pleader Commissioner so as to inspecting the disputed property and making report. It was contended at this stage by Sri Dwivedi that the petitioner might be given a surprise on account of some report which could bring on record some facts or materials which could be new to the petitioner requiring some replies from him. It is well known that if a party jumps a surprise upon his adversary, his adversary has to be allowed the opportunity of rebutting the new evidence or material which could be brought by his adversary on the record. I direct that if any new material is brought on record by the report of the Survey Knowing Pleader Commissioner the petitioner shall have the right to lead evidence necessary to be led in rebuttal of that particular matter. This revision petition is disposed of with the above directions and observations. B.Kr. ( Dharnidhar Jha, J. )