After remand by the lower appellate court enabling the parties there to remit the court fee under Section 27(a) of the Court Fees and Suit Valuation Act and directing to remit Commissioner's report for a fresh inspection, the matter went back to trial court. The trial court appointed a new Commissioner and directed him to file a report and plan. The Commissioner so appointed filed report and plan which are marked as Exts.C1 to C3. 2. The petitioner before this Court assails the Commissioner's report on various grounds. It is pointed out by him that the properties are not properly identified by the Commissioner and the Commissioner has wrongly shown certain A schedule properties in the plot B schedule. It is also pointed
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out that B plots shown as respondent's property do not belong to the respondent.
3. On going through the assailed order, it seems that the court below has passed the order finding that there was proper identification of the properties and there was no serious objection on the part of the petitioner. The apprehension of the petitioner is that after this finding, no purpose will be served by adducing evidence since the court has already taken a view in the matter.
There is no basis for the above apprehension. The finding is only tentative for the purpose of disposal of the application to set aside the Commissioner's report and it is certain that after evidence is adduced, the court will dispose of the matter in accordance with law and in the light of the evidence adduced by the parties untrammelled by any of the observations made by the court below at the time of disposing of the petition to set aside the Commissioner's report. It is also made clear that if, during trial, it is found that the present Commissioner's report and plan are not acceptable, anyone of the parties will be entitled to seek
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for issuance of fresh commission for obtaining proper plan and report and that will not be denied by the court below.
This Original Petition is disposed of as above.
Sd/-
P.BHAVADASAN JUDGE smp