JUDGEMENT
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(1.) THIS application is directed against the order dated 27.06.2008 passed by Sub. Judge II, Chatra in Title Suit No. 49 of 1975, whereby he has rejected the application filed by the
defendant for rejection of the Pleader Commissioners report.
It appears that in the partition suit being Title (partition) Suit No. 49 of 1975 a preliminary decree was passed and thereafter in the final decree proceeding a Pleader Commissioner was appointed who submitted his report. The defendant -petitioner filed an application for rejection of the report on the ground that the suit lands are situated in several villages but the Pleader commissioner did not survey all the lands. The Court below held that the report was submitted in a sealed cover and the same has not yet been opened and, therefore, the application of the defendant was misconceived.
I fully agree with the views taken by the Court below. Therefore, the impugned order needs no interference. However, I direct the Court below to open the sealed cover of the Pleader Commissioners report and allow the parties to go through the report and also allow them to file objection, if any. If any objection is raised the court below shall decide the objection raised by the party in accordance with law as expeditiously as possible.
With the aforesaid direction, this application stands disposed of.;
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