ORDER: The above civil revision petition has been filed against the fair and decretal order dated 8.9.2004 made in I.A.No.138 of 2004 in A.S.No.29 of 1998 on the file of Subordinate Court, Udumalpet.

2. The suit was filed by the first respondent for rectification of the documents by impleading the petitioner herein and the 2nd respondent. The suit was dismissed by the trial Court. The first respondent herein has filed an appeal before the Sub Court, Udumalpet in A.S.No.29 of 1998. In I.A.No.138 of 2004, the first respondent had prayed for an appointment of Commissioner to note down the physical features and the said petition was allowed by the appellate Court. Hence the above civil revision petition.

3. Heard both the sides.

4. Learned counsel for the petitioner contends that there was absolutely no justification for the first respondent to come forward with an application for an appointment of Commissioner at the appellate stage. Even an earlier petition filed by the first respondent has been dismissed and that being so, there was no justification for filing one more petition, that too at the appellate stage.

5. Learned counsel for the first respondent admits that there was an earlier

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