S. ACHARYA, J.

( 1 ) THE defendants in the suit are the petitioners in this Civil Revision.

( 2 ) THE defendants filed a petition on 20-11-79 asking the court below to at first hear the parties regarding the acceptance or non-acceptance of the pleader-commissioner's report submitted in this case before proceeding to hear the suit on merits. The court below has rejected the said petition stating that the said petition was filed at a late stage; the pleader-commissioner's report can be treated as a piece of evidence at the hearing of the case; and it is not necessary to at first hear the parties on the question of acceptance of the pleader-commissioner's report and decide that question before proceeding to hear the suit on merits. Hence this Civil Revision.

( 3 ) MR. Dey, the learned counsel for the petitioners, submits that the court was not justified to hear the suit on merits without at first recording an order either accepting or refusing to accept the pleader-commissioner's report. Admittedly, the pleader-commissioner's report is in favour of the petitioners. After the said report was filed in the court, the plaintiffs (opposite parties herein) filed objection against the acc