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K. Muthu – Appellant
Versus
P. Thangammal – Respondent
ORDER :
(This case has been heard through video conference)
This revision petition has been filed seeking to set aside the fair and decreetal order passed in I.A.No.850 of 2013 in O.S.No.507 of 2013 dated 17.11.2016 on the file of the Court of II Additional District Munsif, Salem.
2. The plaintiffs in O.S.No.507 of 2013 on the file of the Additional District Munsif, Salem, are the revision petitioners. The revision petitioners/plaintiffs had filed a suit for permanent injunction restraining defendants 1 to 3 and their men from putting any construction over the suit property. In the said suit, the respondents had filed a written statement. The petitioners/plaintiffs had filed I.A.No.850 of 2013 seeking for appointment of Commissioner to note down the physical features of the suit property, to measure the same and to file a report.
3. The Trial Court, by order dated 31.05.2013, nominated Thiru.G.K.Pugazhendhi as Advocate Commissioner and that he was directed to issue notice to both the parties in advance and to inspect the suit property with the help of a qualified Surveyor, to note down the physical features and measurements and to file his report on 01.07.2013. His remuneration was fix
The discretion of appointing an Advocate Commissioner under CPC does not equate to gathering evidence; it serves to resolve disputes of property boundaries effectively.
The main legal point established in the judgment is that a new Court Commissioner should not be appointed unless the report of the earlier Commissioner is discarded, and parties are entitled to exami....
The report of an Advocate Commissioner serves as evidence and can be contested, but it cannot be scrapped without a thorough examination of the evidence and the context of the ongoing trial.
The main legal point established in the judgment is that unless the earlier report of the Advocate Commissioner is scraped, the question of re-issuing the warrant does not arise.
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