Code of Civil Procedure, 1908–Order 26, Rule 9–Prayer for re-appointment of Commissioner–Rejection of–Contention of petitioner that he did not receive any notice from the Court nor any information was given by the Site Commissioner–Order was passed by trial Court in presence of counsel of petitioner and no separate notice was required to be given–Further, there can no dispute between the parties as regard to measurement–Held, trial Court rightly rejected the application.
