An order refusing to remit the report of the Advocate Commissioner for the second time in a suit for declaration and injunction is impugned. The impugned order is merely procedural and does not affect the right of parties at present and cannot therefore be interfered with.
2. I however permit the petitioner to adduce evidence at the time of trial of the suit in opposition to the report and plan of the Advocate Commissioner. The court below is at liberty to remit the report and plan (during trial) if there is a distant doubt that the reports and plans are insufficient. The motion if any made in that regard shall be dealt with untrammeled by the order impugned.
The Original Petition is dismissed subject to the above reservation.
ncd V. CHITAMBARESH JUDGE