Code of Civil Procedure, 1908–Order 39, Rule 7–Objection application against the report submitted by Commissioner–Trial Court took U turn and concluded that appointment of Commissioner was improper and unwarranted–Whether proper ?–Held, no–Order of appointment of Commissioner was never challenged and it attained finality–Further, the defendants assailed the report of Commissioner and not his appointment–Impugned order amounts to review of earlier order without any challenge–Set aside and matter remanded back for deciding afresh.
