1 S.B. CIVIL SECOND APPEAL NO.351/2005 (Mani Ram vs. LRs of Bhagirath) Date :: 19.02.2007 HON'BLE MR. JUSTICE PRAKASH TATIA Mr.Sajjan Singh, for the appellants. Heard learned counsel for the appellants. Suit for mandatory injunction was decreed by the trial court and the counter claim filed by the defendant-appellant was dismissed. The trial court decree dated 26th February, 1996 was challenged by preferring appeal by the defendant-appellant which was dismissed by the First Appellate Court. Learned counsel for the appellants submitted that the First Appellate Court committed error of law in dismissing the appellant-defendant's application filed under Order 41 Rule 27 CPC order of which has been shown by the learned counsel for the appellants to this Court. The First Appellate Court dismissed the application on the ground that by said application, the appellant-defendant sought permission to place on record the copies of the orders which were already set aside by the revisional authority. In view of the above, the First Appellate Court rightly dismissed the application under Order 41 Rule 27 CPC. 2 learned counsel for the appellant submitted that the courts below committed error of law in discarding the Commissioner's report which was called in another suit. The courts below rightly discarded the Commissioner's report because of the reason that the report was not proved in accordance with law nor the Commissioner was produced as witness in present case. No substantial question of law is involved in this appeal. Hence the appeal is dismissed. [PRAKASH TATIA],J. A.K. Chouhan/-