P. Somarajan, J.

This Second Regular Appeal is preferred against the decree and judgment of Additional District Court, Thrissur in A.S. No. 280/1999 dated 4.12.2003 by the plaintiff in the original suit in O.S. 2295/1988 on the file of the Munsiff Court, Thrissur. The appeal had initially come up before a learned Single Judge of this Court and it was placed before us doubting the legal position laid down by a Division Bench of this Court in Swami Premananda Bharathi v. Swami Yogananda Bharathi [(1985 KLT 144). Earlier, a single bench of this Court in Dr. Subramonian v. K.S.E.B. [(1987 KLT 355] expressed doubt about the legal proposition laid down in the Swami Premananda Bharathi's case but did not opt to refer the issue to a Division Bench. In Hydrose V. Govindankutty, [(1981) KLT 360] M.P. Menon. J. took the view that without setting aside the report submitted by a finger print expert, another finger print expert can be appointed. Another decision drawn in Sivaraman v. Narayanan [(1986) KLT 578] Varghese Kalliyath J. took the view that the court has jurisdiction to appoint the same Commissioner which he omitted to note in the report already submitted. So the question came