GEORGE Vs. THOMAS

JUDGEMENT

(1.) THE suit is one for a decree of a permanent prohibitory injunction. The court below deputed an Advocate Commissioner at the insistence of the plaintiff. The Advocate Commissioner has already filed a report in the suit. The defendant disputes the identity of the plaint schedule property. There is also dispute with regard to the title and possession of the plaintiffs. Therefore a detailed report with reference to the survey records is essential.

(2.) IT is trite law that a second Advocate Commissioner cannot be deputed without setting aside the report of the first Advocate Commissioner. Therefore the order of the court below deputing another Advocate Commissioner is set aside.