Code of Civil Procedure, 1908–Order 39, Rule 7–After taking the report of the Commissioner, the trial Court directed the Gram Sevak to measure the land of patta in question as per Panchayat record and also measure the road in between the pattas in question–Whether a fresh Commissioner was required to be appointed for doing so ?–Held, no–For appointing the fresh Commissioner, trial Court was required to give the reasons for discarding the earlier Commissioner report–No application was preferred for discarding or disagreeing with the earlier report–Order was passed for further clarity–No infirmity is found in the impugned order.
