The writ petition is filed seeking the following reliefs:

"i) To call all records relating to Exhibit P7 to this Honourable Court and an order passed setting aside Exhibit P7 order.

ii) To pass an order staying all further proceedings of the commissioner appointed as per Exhibit P7 order."

2. Petitioner is the defendant in O.S.No.52/2003 on the file of the Sub Court, Thiruvananthapuram and the respondent, the plaintiff. Suit is one for recovery of money for the work allegedly done by the plaintiff pursuant to a contract between them. Challenge raised in the petition is against an order passed by the learned Sub Judge in the application moved by the plaintiff for appointing an advocate commissioner to ascertain the matters sought for with the assistance of an expert. Ext.P7 is the copy of the order passed by the court below allowing that commission application. Correctness and propriety of Ext.P7 order is challenged by the defendant in the petition invoking the W.P.(C).No.20763 of 2009 - O 2 supervisory jurisdiction vested with this Court under Article 227 of the Constitution of India.

3. I heard the counsel on both sides.

4. Admittedly, an agreement was entered into be