ORDER

1. Leave to file appeal is granted.

2. Despite service of notice and the case being called for the third time today, nobody appears to represent the respondents.

3. In the course of proceedings in the suit, a Commissioner, namely, Jayanta Kumar Das, Advocate was appointed under Order 26 Rule 9 CPC by the trial court for spot inspection. The appellant objected to the appointment of the Commissioner on the ground that he had earlier been engaged as an advocate by the appellant. By the impugned order the High Court agreed with the order of appointment of the above named advocate as Commissioner for spot inspection. Under these circumstances, in this appeal, the appellant prays for appointment of some independent Commissioner for local inspection.

4. Without expressing any doubt on the independence and integrity of the Commissioner already appointed, as prayed by the appellant, in our opinion, the trial court should have allowed the objection raised by the appellant and appointed any other neutral and independent person not connected, in any manner, with either of the parties and possessing knowledge of survey as Commissioner for spot inspection.

5. For the reasons mentioned above, w