G. K. MISRA, J.

( 1 ) PLAINTIFF valued Title Suit No. 57 of 1962 at Rs. 1000/ -. Defendants filed written statements alleging that the value of the suit property was Rs. 10,000/ -. On 18-91963 defendants filed two applications one for appointment of a Commissioner for making the valuation of the suit property and another for taking up the valuation question and court-fee matter as a preliminary issue. The case had been transferred to the learned Subordinate Judge, who appointed an Overseer commissioner to estimate the market value of the suit site and the superstructures standing on it. The Commissioner submitted his report on 4-111963. The suit had been adjourned to 8-11-1963 for filing objections. On the latter date, no objections were filed. Plaintiff was absent. Advocate for the defendants had no objection to the report of the Commissioner which was accepted. The learned Subordinate Judge directed the plaintiff to take steps for amendment of the plaint and to pay the deficit court-fee in light of the valuation, given by the Commissioner. On 14-11-1963 advocate for the plaintiff filed an application. for recalling the order dated 8-11-1963. The learned Subordinate Judge dismiss