JUDGMENT :

1. The revisional application arises out of an order dated February 21, 2019, passed by the learned Civil Judge (Junior Division), Second Additional Court at Diamond Harbour in Title Suit No. 116 of 2016. By the order impugned, the learned court had rejected the commissioner’s report dated September 22, 2008. The report was filed pursuant to a direction upon the learned Trial Judge by the first appellate court for appointment of some other commissioner, in order to effect partition of the suit property by metes and bounds.

2. The background of the case is required to be discussed. The predecessors of the opposite parties as plaintiffs, instituted the suit for declaration of title, partition and injunction. The suit was filed before the learned Civil Judge (Junior Division), 3rd Court at Diamond Harbour. Originally the suit was registered as Title Suit No. 110 of 1989. Subsequently, the suit was renumbered as Title Suit No. 116 of 2016. The suit land involved plot No.1567 (bastu) and 1574 (pukur). The predecessors of the petitioners contested the suit by filing a written statement. The suit was decreed in preliminary form and the right of the parties to the extent of 12.5 d