This Civil Revision Petition arises out of an order made by the learned District Munsiff, Parappanangudi, in I.A. No. 1363 of 1952 in O.S. No. 245 of 1952, filed under Order 26, rule 9, Code of Civil Procedure.

The facts are:P. Amarankutti of Kodinhi Amsom filed the suit for a declaration that he is entitled to a right of easement to pass through a specified portion of Moosakutty’s paramba to his house close by and that he has been in possession of the alleged pathway and that this Moosakutty has demolished a bund on the pathway and for an injunction and damages. The plaintiff filed along with his plaint an application on 8th October, 1952, for the issue of a Commission to make a report about, the condition of the pathway and the damages alleged by him to the bund. This application for the appointment of a Commissioner for local investigation under Order 26, rule 9, Code of Civil Procedure, was ordered ex parte and a Commissioner, an advocate of the Court, was appointed to prepare a plan of the plaintiff’s as well as the defendant’s property and to make a report of what he saw concerning the alleged demolition of the bund. This order was passed on 9th October, 1952 and the