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T. V. THAMILSELVI
Subbulakshmi (died) – Appellant
Versus
Kaliammal – Respondent
JUDGMENT
(Prayer: Civil Revision Petition is filed under Art. 227 of Constitution of India, praying to set aside the fair and final order passed in I.A.No. 1329 of 2015 in O.S.No.210 of 2013 dated 22.10.2016 on the file of the District Munsif of Gobichettipalayam.)
1. The Revision Petitioners herein are the defendants in the suit in O.S.No.210 of 2013 filed by the 1st respondent/plaintiff for the relief of permanent injunction and mandatory injunction with regard to the suit property as described in the plaint schedule. The 2nd defendant denied the plaintiff's claim.
2. During the pendency of suit proceedings, the plaintiff filed an application in I.A.No.1329 of 2015 to appoint an advocate commissioner to measure the property along with surveyor and to submit a report. The said application was contested by the defendants stating that already Commissioner was appointed in I.A.No. 889 of 2013 to note down the physical features of the property and the said Commissioner also visited the property and submitted his report. Thereafter, the defendants filed their written statement. During the pendency of the suit proceedings, the plaintiff filed the present application to appoint an advocate
The necessity of appointing an advocate commissioner to measure the property in order to adjudicate the issue between the parties, and the court's discretion to eschew an earlier commissioner's repor....
The main legal point established in the judgment is that the appointment of an Advocate Commissioner in a suit for bare injunction is permissible for identification and measurement of the property, a....
An advocate commissioner cannot be appointed to gather evidence by the parties.
The main legal point established is that the purpose of an application for appointment of Advocate Commissioner under Order XXVI Rule 9 C.P.C. should be considered in light of the facts of the case a....
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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