In Brief
Ram Lal sought prohibitory injunction and recovery of possession of land allegedly encroached by Salig Ram. The Trial Court dismissed the suit; the First Appellate Court remitted for fresh inquiry by a Local Commissioner, then decreed the suit for possession. The High Court rejected the Commissioner's report as procedurally deficient (failing to fix three permanent reference points as required by statutory instructions) and dismissed the suit. The Supreme Court held that procedural deficiency in a Commissioner's report warrants a fresh commission and remittance for reconsideration, not dismissal of the entire suit. The Court set aside the High Court's judgment and remitted the case to the Trial Court for fresh inquiry and final decision on the merits.
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