Court No. - 9
Case :- CIVIL REVISION No. - 749 of 1986 Revisionist :- Zulfiqar Husain Opposite Party :- K.D.A.
Counsel for Revisionist :- A.D.Saunder Counsel for Opposite Party :- Lalji Sinha,Vivek Verma
Hon'ble Anjani Kumar Mishra,J.
The instant revision is directed against the order dated 28.07.1986, whereby the Commissioner's report Paper No.105 C-2 has been rejected.
An order rejecting a Commissioner's report, is not a final order, as it does not decide any controversy. A Commissioner's report is just piece of evidence which may or may not be accepted by the Court while deciding the suit itself.
The survey report furnished has been rejected and a fresh report called for, on the ground that the fixed points used for preparing the survey report are not clear, nor the report as to state how the fixed points have been verified.
Under the circumstances, the report has rightly been rejected and a fresh report called for. No survey can be carried out without identifying fixed points and without verifying them.
The revision is, therefore, without merit and is dismissed.
Order Date :- 29.1.2019 Jitendra Digitally signed by ANJANI KUMAR MISHRA Date: 2019.02.05 15:46:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad