Section 158 in Civil Court Rules of the High Court of Judicature at Patna
158.
When a commission, order or writ, issued by a Civil Court under the Code of Civil Procedure, 1908, is of such a nature as to require that the person executing it should have some knowledge of surveying, it should, so far as possible, be issued only to a person whose name is entered in a list to be maintained by each District Judge or persons qualified to execute such Commissions. The qualifications for entry in this list shall be as follows [G.L 1/30]. -(i)the holding of certificate of a proficiency in surveying granted in accordance with the rules framed by the Government of [Bihar] [This may now be read as 'Jharkhand'] and promulgated with the Bihar Government notification no. B/PSE-01/56-758-J., dated the 10th February, 1956, published at page 673 in Part II of the Bihar Gazette, dated the 22nd February, 1956, or in accordance with the rules promulgated with Bengal Government Resolution no. 2047-J.D., dated the 9th October, 1901 and no. 2724-J.D., dated the 24th September, 1904, which were published in the issues of the Calcutta Gazette of the 16th October, 1901, and 28th September, 1904, respectively and notification no. 4962-J., dated the 24th June, 1922, republished at page 918 of Part II of the Bihar and Orissa Gazette, dated the 6th September, 1922; as subsequently amended by Bengal Government notification no. 1382-J., dated the 7th February, 1930, republished at page 62 of part III of the Bihar and Orissa Gazette, dated the 12th March, 1930; or in accordance with the rules promulgated in the Bihar and Orissa Government notification no. 4783-J.R.,dated the 26th October, 1934. published in Part II of the Bihar and Orissa Gazette, dated the 7th November, 1934, or in accordance with the rules promulgated in the Bihar Government notification no. 2088-J., dated the 27th July, 1938, published at page 1177 in Part II of the Bihar Gazette, dated the 3rd August 1938; or in accordance with the rules promulgated in the Bihar Government notification no. 1775-J., dated the 19th September, 1942, published at page 762 in Part II of the Bihar Gazette, dated the 23rd September, 1942, and subsequently amended by the Bihar Government notification no. 902-J., dated the 20th February, 1951, published at page 473 in Part II of the Bihar Gazette, dated the 7th March, 1951;(ii)the possession of an equivalent or higher qualification. This shall include the passing of the following examinations; Bachelor of Civil Engineering; Intermediate Civil Engineering; the examination for Overseers of the Public Works Department (but not that for sub-overseers); Subordinate Engineer's Examination;(iii)the satisfactory execution of survey commissions for the Civil Courts in the judgeship during a period of not less than ten years before the 1st December, 1934:Provided that a Civil Court is no precluded from issuing a commission to salaried Amins in judgeships in which they still exist. [H.C. letter no. 3481-96, dated 28th March, 1966]As between persons included in the aforesaid list, preference should ordinarily by given to those who are pleaders, except in those special cases in which an expert knowledge of survey may be more important than a knowledge of law.
