K. Kannan, J.

CM No. 20848-CII of 2015

1. For the reasons mentioned in the application, same is allowed. The application bearing CM No. 18606-CII of 2015 and revision petition is restored to their original number and are taken up for motion hearing.

CM stands disposed of.

CR No. 4035 of 2015

The petitioner, who is plaintiff, has filed objections to the Commissioner's report. The Court has rejected the objections and the plaintiff-petitioner is before this Court.

2. The Trial Courts are under severe strain for paucity of time and it is essential for the Courts to adopt practices which allow for their smooth functioning without faltering the course of trials in any way. If an objection to local commissioner's report is made, the Court will examine the objection along with other evidence by allowing parties to give evidence as regards the Commissioner's report and if need be to examine the local commissioner himself to elicit the objections raised by the parties. It is important to remember that the local commissioner is not to be understood as witness for anyone party. The provisions of Order 26 Rule 9 that allows a person for inspection of the property and give a report shall be