The petitioner/plaintiff has filed this civil revision petition as against the order dated 14.07.2009 in I.A.No.455 of 2009 in O.S.No.309 of 2007 passed by the Learned District Munsif, Tiruchencode in dismissing the application filed by the revision petitioner under Order 26, Rule 9 of Civil Procedure Code, praying for an appointment of an Advocate Commissioner to inspect the suit property and submit his additional report along with plan.

2. The trial Court while passing orders in I.A.No.455 of 2009 has inter alia opined that earlier the Advocate Commissioner has been appointed for which no objection has been filed and assigning the same reasons praying for reissuance of commission warrant are not based on bonafide reasons and also that it has been projected to protract the legal proceedings and resultantly, dismissed the application without costs.

3. According to the learned counsel for the revision petitioner/ plaintiff, the trial Court has committed an error in dismissing the I.A.No.455 of 2009 filed by the petitioner praying for reissuance of commission warrant and the said order is against law, weight of evidence and materially irregular one which is liable to be