JUDGMENT

The challenge is against a common order passed by the Principal Sub Court, Ernakulam in I.A.Nos.9/22, 10/22 and 11/22. The petitioner has filed a suit for injunction as well as for recovery of amounts which have been paid in excess to his contractor, who is the respondent. The respondent on the other hand has filed a suit for payment for the work which has already been completed by him. There are serious disputes regarding the works which have been completed and on the question whether excess payment has been paid. A commission was taken up and the Commissioner has also filed a report. The trial was completed and arguments also started, at which stage, it is stated that the applications were filed for remitting the commission report and to include the valuation for construction. There is also a prayer for directing the petitioner to furnish all documents relating to the construction especially the approved plan, completion plan, structural drawings and the architectural drawing of the building and for re-opening the evidence. The court below after considering the issue found that both parties have disputes regarding the commission report and objections had been raised by