The plaintiff in the suit is the petitioner in this revision. The respondents are the defendants in the suit. The suit has been laid for a declaration of the plaintiff’s right to drain water of his house and property into the land of the defendants and for a permanent injunction.. Pending the suit, the plaintiff sought for the appointment of a Commissioner to note the physical features. The Commissioner appointed by the court below has submitted his report. The defendants subsequently took out I.A.2011 of 1984, to scrap the report of the Commissioner and appoint a fresh Commissioner to note down the physical features. This application has been allowed by the Court below and this revision is directed against the orders of the Court below.

2. It is well settled proposition that until the Court is dissatisfied with the proceedings and report of the Commissioner earlier appointed, it will not be proper to ignore the same and direct even further enquiry, much less the scrapping of the earlier report as a whole and appoint a fresh Commission. The power in this behalf is circumscribed by the principles under Order 26, rule 10(3) of the Civil Procedure Code, hereinafter referre