K. P. MOHAPATRA, J.

( 1 ) THIS revision is directed against the order passed by the learned Munsif, Anandapur, accepting the report of the survey knowing commissioner.

( 2 ) OPPOSITE party No. 1 is the plaintiff and the petitioner is defendant No. 1 in Title Suit No. 49 of 1981-I of the court of Munsif, Anandapur. The suit is for declaration of title and confirmation of possession in respect of the schedule 'ka' property of the plaint existence of right of easement over the schedule 'kha' property thereof and for other reliefs. The petitioner is the main contestant of the suit. On 18-2-1982 opposite party No. 1 filed a petition for appointment of a pleader commissioner for local investigation. In his counter dated 26-2-1982 the petitioner submitted that a survey knowing commissioner should be deputed for local investigation. After hearing both parties, the learned Munsif, by order dated 23-3-1982 directed appointment of a survey knowing commissioner for local investigation under the provisions of O. 26, R. 9 of the Civil P. C. ('code' for short ). Accordingly, a survey knowing commissioner was appointed and after local investigation, the commissioner (examined in court as C. W. 1)