A. V. KRISHNA RAO, J.

( 1 ) THE Revision is filed against the order in I. A. No. 526 of 1971 in O. S. No. 108 of 1961 on the file of the Court of the Subordinate Judge, Guntur. The defendant in the suit is the petitioner and he was the respondent in I. A. 526/71. The petitioner herein questions the order of the learned Subordinate Judge whereby he had appointed one Mr. Shaik Imam as Commissioner to measure and localise items 1 and 2 and T. S. Nos. 1 and 8 to 11 and file a plan. It was also stated in the order that the Commissioner could take the assistance of any surveyor or Engineer if he felt any need.

( 2 ) MR. P. L. Narasimha Sarma, for the petitioner urged, firstly, that the order in question was passed without giving his client an opportunity to file a counter; and secondly, that the order in question is contrary to the provisions of Order 26, Rule 10 (3) of the Code of Civil Procedure and the reported decisions of the Madras High Court in Kunhi Kutti Ali v. Muhammad Haji, 60 Mad LJ 450 == (AIR 1931 Mad 73) and K. S. Ramchar v. K. S. Krishachar, AIR 1949 Mad 612. Mr. Sarma for the petitioner further contended that there was an earlier interlocutory application whereby a Commis

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