Patna HC Upholds Rejection Of Late Survey Commissioner Plea In Land Suit, Saying A Commissioner Cannot Be Used To Gather Evidence

The plaintiff sought a declaration and confirmation of possession in a title suit.

He claimed the suit land formed one block, while the defendants claimed a separate block measuring 12 dhurs and 8 kanwa.

He applied for appointment of a survey-knowing pleader commissioner to clarify the land’s configuration.

The Munsif rejected the application, observing that the parties had concluded their evidence, the defendants’ arguments were over, and the matter was listed for the plaintiff’s arguments; the application appeared intended to delay the proceedings.

The plaintiff challenged that order in this civil miscellaneous petition.

The Court applied the principle that a survey-knowing pleader commissioner cannot be appointed to gather evidence on behalf of a party.

A party seeking to establish the nature of land or its possession must produce cogent evidence; appointment of a commissioner cannot be used to fill that evidentiary gap.

The plaintiff’s stated need for a survey was to support his claim that the land formed one block rather than the separate block claimed by the defendants.

The Court held that establishing the land’s nature and possession was the plaintiff’s evidentiary responsibility, not a basis for appointing a commissioner to gather evidence for him.

It also noted that the application came after the parties had concluded their evidence and the case had reached the argument stage, leaving no demonstrated necessity for a commission.

It directed the trial court to expedite the proceedings, conclude the arguments, and deliver judgment at the earliest, noting the suit’s prolonged pendency.