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V. LAKSHMINARAYANAN
Selvi (Died) – Appellant
Versus
Geetha – Respondent
JUDGMENT
(Prayer: Petition filed under Section 115 of CPC to set aside the fair and decreetal order dated 04.01.2019 made in I.A.No.93 of 2018 in A.S.No.12 of 2016 on the file of the Subordinate Court, Arrakkonam, Vellore District.)
1. This revision arises against an order passed in I.A.Nos.92 and 93 of 2018 in A.S.No.12 of 2016. A.S.No.12 of 2016 is an appeal pending on the file of the Subordinate Court at Arakkonam. Originally, O.S.No.23 of 2010 was filed by the respondent before me for permanent injunction, to which a written statement was presented and the matter was contested over a period of five years. Thereafter, the learned District Munsif at Arakkonam entered into a judgment on 16.12.2015. The learned District Munsif decreed the suit. Against the said judgment and decree, A.S.No.12 of 2016 was presented.
2. The applications in I.A.Nos. 92 and 93 were filed for the purposes of re-opening the case for arguments on the side of the appellant and for appointment of an Advocate Commissioner to inspect the suit property and Survey No. 229/2B an adjacent property along with the relevant records and to submit a report. The applications were dismissed by the learned trial Judge on 04.
The main legal point established in the judgment is the procedure for appointment of an Advocate Commissioner in the appellate stage, emphasizing the necessity of filing applications under both Order....
The court allowed the petition for Advocate Commissioner, determining its necessity for property inspection, not solely for evidence collection.
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....
The court's decision was influenced by the provisions of Order XXVI Rule 9 of the Civil Procedure Code, which allows for the appointment of a commissioner for local investigation when deemed requisit....
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....
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