Salyeshwar Roy, J.

1. The defendants are the petitioners. The opposite party, as plalntiff, filed Title Suit No.12 of 1987 for a declaration of his right, title and interest ovtr the suit land. Prayer was also made for a decree for confirmation of possession and mandatory injunction restraining the petitioners from interfering with the peaceful possession of the opposite party.

2. The petitioners contested the suit. From the pleadings of the parties it appeared that there was dispute about the plot of which the suit land formed part. The court below appointel a pleader commissioner. The pleader commissioner was directed to demarcate the suit land and to report whether the suit land formed part of R S. Plot No.1324 or R. S. Plot No.2523 or both. Direction was also given to the pleader commissioner to specify the physical feature of the suit land which might be necessary for the court to come to a conclusion as regard the possession of the parties.

3. The pleader commissioner executed the commission and submitted his report. The opposite party filed objection to the report, inter alla, stating therein that the report was highly partisan in nature and that he had acted beyond