Devi Prasad Singh, J.—Heard Shri R. S. Pandey learned counsel for the petitioner and Shri U. S. Sahai holding brief of Shri H. S. Sahai.

2. The present writ petition has been filed against the impugned orders passed by the courts below in a proceeding under Order IX, Rule 9 of the Code of Civil Procedure.

3. The controversy in short is as under :

(1) Petitioner has filed a suit for permanent injunction relating to an abadi land which was registered as regular Suit No. 216 of 1977. During the proceedings in the trial court an application was moved by the plaintiff for appointment of survey commission on 20.2.1982, since there was an issue as to whether land in question was the part of Plot No. 823. On 1.4.1982, the said application for appointment of survey commission was rejected by the trial court. When the learned presiding officer of the trial court has asked the learned counsel for the plaintiff to argue the matter and adduce the evidence so that he may proceed further, the learned counsel informed that he has no instruction and he shows his willingness to withdraw the power. In view of statement given by the learned counsel for the plaintiff the learned trial court