Code of Civil Procedure, 1908–Order 39, Rules 7 r/w. Sec. 151–Constitution of India, 1950–Art. 227–Application for appointment of Commissioner–Court below diferred the decision of application till the final decision of appeal–Another application u/s. 151 with seeking the decision of earlier application–Rejection of–Instant writ petition–Objection of maintainability with contending that the earlier order passed on application under Sec. 39, Rule 7 was not challenged and it attained finality–Objection overruled–Petitioner cannot be held to be estopped or acquiesced, as he had filed an application u/s. 151 immediately.
