S. BARMAN, J.

( 1 ) IN this civil revision, the defendants NOS. 1, 2, 4 and 5 are the petitioners in revision, directed against an order of the learned Subordinate Judge, Dhenkanal, in T. S. No. 32 of 1955 rejecting the objections filed by the said defendants who are the petitioners in the present application and accepting the report of the Commissioner appointed in the said Court.

( 2 ) THE dispute arose out of an alleged mistaken identity of certain plots of land -- due to bo delivered to one Gobinda Malik in execution of a decree in a partition suit filed by him, --with certain other plots presumably due to confusion of the successive Commissioners appointed in this connection as hereinafter fully discussed. The matter arose in these circumstances; In 1951 Gobinda Malik filed a suit being suit No. 39 of 1951 against Pitabas Mohanty and Purastam Mohanty being petitioner No. 3 herein for partition of plot No. 14/320 with an area of 3. 05 acres and plot No. 14/523 with an area of 0. 77 decimals in mouza Jankhira. There was a decree for partition in the said suit. In execution of the said decree in Execution Case No. 14 of 1953 for delivery of possession, the Commissioner appointe