Judgement

ORDER :- The impugned order enables the plaintiffs, opposite parties in this case, to examine a pleader-surveyor as plaintiffs witness whose survey report has already been filed in the court below. On 2-9-77 when the suit was part-heard and adjourned to 6-9-77 for examining witnesses, the plaintiffs filed a petition praying for deputing a survey-knowing Commissioner to measure the disputed area. A copy of that petition had been served on the defendants, the petitioners in this case. That petition could not be disposed of on that day and was taken up for consideration on 6-9-77. On 6-9-77 the court examined further witnesses for the plaintiffs, but rejected the said petition. While rejecting that petition it mentioned in the order sheet that the plaintiffs were at liberty to take out a private Commissioner for the above purpose and may submit his report in court within two days. The plaintiffs thereafter took a pleader-surveyor for the measurement of the disputed area, and his report was submitted on 12-9-77 within the extended period allowed by the court. On 15-9-77 the plaintiffs filed a petition to enable them to examine that survey-knowing advocate in that suit. The cou