IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17950 of 2010 UDAY NATH MISHRA Versus DEEP NATH MISHRA & ANR ----------- 2 5.5.2011 The trial court fell into error in treating the report of the commissioner for collecting the evidence while the commissioner’s report was only for spot inspection and for the position or for the allocation and status of construction of the building which is subject matter of the suit. Therefore, the order impugned 20.9.2010 passed in T.S.(Partition) No.125/10 is set aside. The trial court is directed to decide the application of the petitioner after giving full opportunity of hearing to both the parties. AnilKrSinha ( Prakash Chandra Verma, J.)