K.Sahai, J.

1. This application by the first party is directed against a final order passed in a proceeding under Sec.145 of the Code of Criminal Procedure in respect of 58.48 acres, equivalent to 93 Bighas 11 ka-thas 7 dhurs of land. I will refrain from mentioning the respective claims of the three parties involved in this case except for such part of their claim as becomes necessary to mention. I will also refrain from referring to the merits of the parties cases because I feel, after hearing both the parties, that this is a case which should be remanded.

2. Appearing on behalf of the first party-petitioners, the first point which Dr. Sultan Ahmad has taken is that the appointment of a pleader commissioner in this case by the Magistrate was illegal and that, in any case, the pleader commissioners report should not have been considered inasmuch as it was not legally put in evidence on being formally proved in accordance with law. In my judgment there is no substance in this point. Dr. Sultan Ahmad has drawn my attention to sec. 148 of the Code of Criminal Procedure which provides that the District Magistrate or the Sub-divisional Magistrate may depute any magistrate subord