Harish Tandon, J.

1. The defendants/petitioners have assailed the order dated January 4, 2013, passed by learned Civil Judge (Junior Division), 2nd Court, Sealdah by which an application for non-acceptance of the Commissioner's report, is rejected by the Trial Court.

2. The point which emerges for consideration in this revisional application relates to the stage at which the objection to the Commissioner's report should be entertained by the Court.

3. Before dealing to determine the aforesaid point, the salient facts of the case are adumbrated below:

The plaintiff/opposite party filed Title Suit No. 178 of 2002 in the Court of learned Civil Judge (Junior Division), 2nd Court, Sealdah seeking a decree for declaration that the agreement dated February 25, 1998, is valid and binding upon the defendants/petitioners. Further relief in the form of a decree for permanent injunction is also sought restraining the defendants from creating any obstruction to the right of user of staircase from ground floor to first floor and also in respect of a roof. The suit premises comprises of the ground floor plus three stories building constructed at the premises No. 3C Bipin Mitra Lane, P.S. Ultad