1. Defendants in O.S.No.549 of 1998 on the file of Principal District Munsif s Court, Namakkal are the revision petitioners.

2. Plaintiff filed a suit for declaration that he has got right of way to the scheduled property and for consequential injunction restraining defendants from interfering with that right. In the schedule plaintiff has given the description about the way through which he wants access to his property.

3. Defendants seriously contested the claim of plaintiff by filing written statement.

4. During trial, a Commissioner was deputed, who filed his report and plan on 20.11.1998. Plaintiff filed his objection to the report on 12. 1998 and moved an application that since objection was filed belatedly, seeking permission of the Court to receive the same. He also filed an application as I.A.No.993 of 1999 to scrap the Commissioners report for various reasons mentioned in the objection.

5. A detailed counter was filed by petitions contending that there is no necessity to scrap the report and even if there is any defect or deficiency in the report, the same could be rectified by asking the very same Commissioner to file a supplementary report.

6. By the i