Mungeshwar Sahoo, J.

The defendants have filed this First Appeal against the judgment and Final Decree dated 5.4.1977 passed by the learned Subordinate Judge-1st, Muzaffarpur in Partition Suit No. 11 of 1958 whereby the learned court below accepted the Pleader Commissioner’s report as there was no objection to it.

2. The learned counsel for the Appellants submitted that while passing the final decree, the court below has not considered the settled principle of partition and simply accepted the Pleader Commissioner’s report without assigning any reason. The parties were allotted different chaks in Chakbandi preceding but the Pleader Commissioner upset the said chaks. The court below would not have accepted the report of the Pleader Commissioner as it was filed belatedly and without following the direction of the Court given in the preliminary judgment and decree. A fictitious map was prepared and was filed without giving the correct picture of physical feature of the agricultural land.

3. The learned counsel further submitted that the allotment of Takhta is wrong, mala-fide as the Pleader Commissioner was in collusion with the plaintiffs. He has not made correct valuation of