This revision petition is directed against the order of learned District Munsif, Thiruthuraipoondi in I.A.No.626 of 1993 in O.S.No.93 of 1988 on his file. The respondent/ plaintiff instituted that suit for declaration and possession in respect of the property measuring 11 cents on the western part of his land include Survey No.97/1, New Survey No.897/7 of Thethakudi village. During the pendency of the suit he came forward with an application in I.A.No.1360 of 1990 under O.26, Rule 9, C.P.C. for the appointment of a Commissioner to inspect the suit property, note the physical features and submit his report. It appears that the Commissioner has accordingly executed the warrant and submitted his report on 30.12.1991. Thereafter he filed I.A.No.626 of 1993 another application under 0.26, Rule 9, C.P.C. for the very same purpose. This was resisted by the defendant for the reason that that petition without setting aside the earlier report of the Commissioner is not maintainable and that there was no infirmity in the report of the earlier Commissioner. The court below in the impugned order has allowed the application by merely stating that the appointment of a second Commissione