( 1 ) THIS is a review application filed by the appellants, (defendants in the Suit No. 1590/88) for review of our order dated 17th August,1995 passed in FAO (OS) 167/95. The said FAO was filed by the appellant against the order passed by the learned Single Judge in IA No. 3671/95 in S. No. 1590/88. We confirmed the order of the learned Single Judge refusing the request of the appellant for a declaration that the evidence recorded by the local commissioner was not sustainable and tenable in law. The learned Single Judge held that the appellant could not take such an objection to the evidence recorded by the Local Commissioner as per the consent order of the Court dated 8th July,1992, particularly after the whole evidence was recorded without any objection and the appellant led the evidence before the Commissioner.

( 2 ) WHEN the FAO was argued before us, the learned counsel for the appellant placed reliance on the Division Bench judgment in Sh. Deepak Kapur vs. Ashok K. Ghose and Ors. (1994) (30) DRJ 489 (DB ). In that judgment, a Division Bench of this Court had held that the new rule made under Chapter X-A of the Delhi High Court (Original Side) Rules, permitting