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S. M. SUBRAMANIAM
Raji (Died) – Appellant
Versus
C. T. Palanivelu – Respondent
ORDER :
Prayer: Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the order dated 15.10.2019 made in I.A.No.400 of 2019 in I.A.No.1144 of 2013 in O.S.No.224 of 2013 on the file of the District Munsif Court, Harur by allowing this Civil Revision Petition.
The Civil Revision Petition has been filed, challenging the order dated 15.10.2019 passed in I.A.No.400 of 2019 in I.A.No.1144 of 2013 in O.S.No.224 of 2013 on the file of the District Munsif Court, Harur.
2. The revision petitioners are the defendants in the Suit and the respondent/plaintiff instituted a Suit for recovery of possession and permanent injunction.
3. During the pendency of the Suit, the revision petitioners / defendants filed an application for appointment of an Advocate Commissioner, which was considered and an Advocate Commissioner was appointed. The Advocate Commissioner submitted his report on 27.07.2015. Thereafter, the trial Court granted an opportunity to the parties to submit their objections, if any on the report submitted by the Advocate Commissioner. For the purpose of providing an opportunity to file objections, the suit was adjourned on 16.11.2015, 15.12.2015 and 2
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.
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....
A Trial Court may appoint an Advocate Commissioner even if prior applications existed in earlier suits about different survey numbers, as adjudication may require new assessments.
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