( 1 ) BOTH these revision petitions can be disposed of together since identical questions of law and fact are involved and as the parties are same.

( 2 ) TWO applications were filed seeking appointment of Commissioner in two suits pending adjudication between the parties inter se in the same Court. By means of an identical order although passed separately in two separate petitions, the court below appointed a Commissioner to note down the physical features of the suit schedule mentioned properties with a direction to draw a rough sketch and to take photographs, if necessary.

( 3 ) THE orders appointing Commissioner in both the applications are now being sought" to be assailed solely on the premise that such an appointment would tantamount to fishing in evidence. The suits in between the parties appear to have been filed seeking the relief of perpetual injunction. In the concomitant petitions filed, the parties sought for temporary injunctions. When those applications had been coming up for enquiry and adjudication, separate petitions were filed seeking appointment of a Commissioner.

( 4 ) THE learned Counsel appearing for the revision petitioners represents that the appointment of

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