The Division Bench of Calcutta High Court held that the pleader can act as a Partition Commissioner with the support of a survey passed engineer or diploma-holder. This effect got passed in last November, the bench comprising of Justices Harish Tandon and Abhijit Ganopadhyay was informed that the list survey passed pleader commissioner, qualified in terms of the rules implemented under the Code of Civil Procedure are no longer available. The petitioners who have cleared the Pleaders Survey Examination from a competent institution or University can be enrolled as a partition commissioner. A list of survey passed pleader commissioners are required to be maintained in every district. It was noted by the Court that there isn’t any person competent to function as the commissioner for pleaders. The observation which was mentioned by the Court was,
“… Institutions which were imparting such education to the pleader commissioner discontinued such training programme and the situation has reached to an alarming position and it is a hard reality that the partition suits are stuck up after the preliminary decree passed therein. Because of the discontinuance of the survey course, the young generation lawyers cannot offer to be enrolled as a Survey Passed Commissioner as they cannot acquire proficiency in this regard.”
The court has ordered that the pleader commissioner can be appointed as the partition commissioner but there is a requirement to perform expected additional assistance in the field. The order states the following;
“We do not find any difficulty in passing an order while appointing a pleader commissioner to act as a partition commissioner with the assistance of Survey Passed Engineer or diploma holder and submit the report by him including the report submitted to him by the survey pass diploma holder /engineer so that the purpose and the object for passing a final decree in a partition suit is not frustrated and/or render unworkable”.
After the matter was disposed of by the Court gave directions in the circulation of the order among all District Courts of the State. The following directions were,
“We, therefore, direct all the judicial officers to see that while appointing a pleader commissioner to act as a partition commissioner, the power is given to them to take assistance of Survey Passed persons who holds either a degree or a diploma at the cost of the parties so long there is a sufficient number of Survey Passed Pleader commissioner having proficiency in surveying are available.”
Key-Features:-
- The matter was disposed by the Court and directed the circulation of the order in different District Courts in the State.
- Pleader Commissioner is eligible to be appointed as the Partition Commissioner.
- The support of Survey engineer or diploma- holder is required.
- Petitioners who have cleared the Pleaders Survey Examination from an institution which is competent or University can be enrolled as a partition commissioner.
- A list of survey passed pleader commissioners is required to be maintained in every district.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
Reference
(i) Bar & Bench, Pleader Commissioner can act as partition commissioner with assistance of Survey Passed Engineer or diploma holder: Calcutta HC
