JUDGMENT R.C. Mitter, J. - The Petitioner before me was appointed la pleader Commissioner for the purpose of relaying a large number of dags of a very old Chitta, viz. M. S. Chitta. He relayed the dags and prepared a map but the learned Munsif found on an objection by the Defendant that the relaying was not quite accurate. The Plaintiff agreed that the Commissioner should be paid Rs. 150 for his work which occupied a period of about one year. The learned Munsif directed that the Commissioner would not get any remuneration at all and he was directed by the Munsif to refund the fees he had withdrawn. The Commissioner had to relay a very old Chitta which had no hearings on the Field Book, but gave only the lengths of the different Dags. There is no finding that the Commissioner had done his work carelessly or negligently or was actuated by improper motives or that he was incompetent to do that sort of work. 2. In the circumstances, the learned Munsif has not adopted a correct principle in saying that the Commissioner was not entitled to any fee. I accordingly set aside the order of the learned Munsif and direct that the Commissioner is not to refund the money which he has already withdrawn. In fact the Plaintiff and the Defendants on whom this Rule has been issued have not come to oppose the Rule and this shows that the order of the learned Munif is an order which they considered to be a harsh one. For these reasons I make the Rule absolute on the terms on which it was issued. If the money has already been refunded by the Commissioner, he must be paid back the said money.