The appointment of an Advocate Commissioner does not delegate judicial functions to the Commissioner, and the Commissioner's report is not binding on the trial court.

1. The Revision Petitioner/plaintiff has preferred the instant civil revision petition as against the order dated 22.03.2010 in I.A.No.1928 of 2009 in I.A.No.1514 of 2006 in O.S.No.351 of 2005 passed by the District Munsif, Pollachi.

2. The Learned District Munsif, Pollachi, while passing orders in I.A.No.1928 of 2009, on 22.03.2010, among other things observed that "......Admittedly the counsel's colleague is present during visit of Commissioner. After 2 years, there will be more changes in the physical features. The petition, if filed, to show the altered physical features, can be allowed. But this petition is filed to show that there is no trace of cart track after 2 years, which I am not inclined to allow ...." and resultantly, the petition was dismissed without costs.

3. The Learned counsel for the petitioner/plaintiff urges before this Court that the trial court has committed an error in dismissing the I.A.1928 of 2009 in I.A.No.1514 of 2006 in O.S.No.351 of 2005 on 22.03.2010 by assigning untenable reasons.

4. According to the Learned counsel for the petitioner/plaintiff, the trial court should have seen that the petitioner/plaintiff could not be present in the venue of inspection at the time of Commissioner's visit, as she was residing about 60 kms away from the suit properties, whereas, the respondents/defendants are residing in the very same village about 2 kms away. Therefore, the presence of the junior Advocate of the counsel for the petitioner cannot be considered as an effective representation on her behalf.

5. Lastly, the Learned counsel for the petitioner projects an argument that the petitioner is legally entitled to project a correct picture about the topography of the properties, in order that the Court is able to visualize the correct details.

6. Per contra, the Learned counsel for the respondents/defendants repelling the contentions of the Learned counsel for the petitioner submits that earlier, the Commissioner has inspected the properties on 08.08.2007 as per order in I.A.No.1514 of 2006 and on behalf of the revision petitioner/plaintiff, no objections have been raised or the same being put forward in writing and after a lapse of nearly two years, the petitioner /plaintiff has come out with I.A.No.1928 of 2009, seeking to re-issue the Commissioner's Warrant on the ground that the Learned Commissioner has given a finding that there was no cart track to reach the respondents' land except one shown as Z, Q. R in his report.

7. Furthermore, the Revision Petitioner/plaintiff in I.A.No.1928/2009, in the earlier portion prays for issuance of an order by the trial court to pass an order in directing the same Advocate Commissioner to visit the property in the presence of the parties and to file a report, and in the latter portion, has sought an alternative relief for appointment of a new Commissioner.

8. In law, the report of an Advocate Commissioner cannot ipso facto form a cementing platform for delivering a judgment/passing an order by a competent Court of law in a given case. The report/evidence of Commissioner is not binding on the trial court. After all, the appointment of Advocate Commissioner is to help the Court to evaluate the evidence, let in/to be adduced by both parties or their witnesses in regard to the subject matter of the dispute. A Court of Law cannot delegate its judicial functions to an Advocate Commissioner. Only, when a dissatisfaction is expressed by the trial court with regard to the report of the Commissioner, the appointment of second Commissioner can be visualized in a given situation.

9. It cannot be gain-said that merely because the report of the Advocate Commissioner is accepted during trial of the main case, such report is not binding on the trial court at the time of penultimate decision of the Suit/Appeal as the case may be. At best, the acceptance of Commissioner's report at that stage is construed to be a part of record and in reality, the said report is to be