Any application to receive additional evidence in the appeal can be dealt with along with the Appeal Suit only. The petitioner in the instant case has filed an application to depute an Advocate Commissioner in the Appeal Suit. The said application can be considered at the time of final disposal of the Appeal Suit only. 2. The Lower Appellate Court can either hold that the report of the Advocate Commissioner is unnecessary or remit the suit with a direction to call for a fresh report. Intermittent calling for reports of the Advocate Commissioner during the pendency of the Appeal Suit has to be deprecated. The court below cannot be found fault with in adjourning the application for issuing a commission to be heard along with the suit.
The Original Petition is dismissed subject to the above clarification.
Sd/- V.CHITAMBARESH, Judge.
nj.