NAGENDRANATH ROY Vs. RAMAPRASAD PANDA

JUDGEMENT

(1.) THE Plaintiff has preferred this revision against the order dated 14 -2 -1978 of the Subordinate Judge, Sundargarh in Title Suit No. 7/44 of 1968.

(2.) IN this case, a commissioner had been appointed to demarcate the suit land and to submit his report to that effect to the Court below. From the lower Court record it appears that the commissioner had not submitted the said report till 21 -1 -1978. On 21 -1 -1978 the Court directed the case to be put up on 14 -2 -1978. awaiting the said report. It appears that the commissioners' report dated 12 -1 -1978 to the above effect was filed in the Court on 7 -2 -1978. On 14 -2 -1978, when the case was taken up for orders, a petition on behalf of the Plaintiff was filed asking for time to enable the Plaintiff to prefer objection against the said report. The Court instead of fixing a clear date for that purpose ordered the case to be put on 13 -3 -1978 both for filing the said objection and also for hearing of lathe suit on that date. The Plaintiff has preferred this revision against the said order.

(3.) THIS Court in Civil Revision No. 227 of 1973 arising out of this suit directed the Court below to frame an issue to the following effect: