Under challenge is Ext.P5 order whereby the court below disallowed the applications for issuance of a fresh Commission since the court below found that as per the orders in I.A.No.3192/2011 and I.A.No.3306/2011 in the suit, a Commission was deputed and the Commissioner has noticed various aspects.
2. The learned counsel appearing for the petitioner submits that that is not sufficient and he wants a fresh Commission to be issued since the earlier Commissioner's report is not correct and not proper.
3. It is trite that when there is already a Commission report, a fresh commission cannot be issued without having the first Commission report set aside. In the case on hand, what the petitioner wants is the fresh Commission to be issued from the court. Necessarily, he will have to take
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steps to set aside the report already on file before the court. That has not been sought for. It is in this context that the order of the court below will have to be viewed.
4. Faced with the above situation, the learned counsel for the petitioner pointed out that he may be allowed to move an application for setting aside the Commissioner's report and then move a fresh application for issuance of a fresh Commission if the court below is inclined to set aside the earlier report.
Reserving the liberty of the petitioner to move the court below for setting aside the existing report, this petition is disposed of. If the earlier report is set aside, the petitioner will be at liberty to seek issuance of a fresh Commission.
P.BHAVADASAN JUDGE ds