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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.Balaji, J
Periasamy – Appellant
Versus
K.Boopalan – Respondent
| Table of Content |
|---|
| 1. challenge to prior appointment of advocate commissioner. (Para 1 , 2) |
| 2. court's acknowledgment of previous proceedings and legal standards. (Para 3 , 7) |
| 3. claim of previous suppression and contention of vexatious suit. (Para 4 , 5) |
| 4. justification for appointing a new advocate commissioner. (Para 6 , 8 , 9) |
| 5. dismissal of the revision petition. (Para 10) |
ORDER :
P.B.BALAJI, J.
The Civil Revision Petition has been filed challenging the order order dated 14.08.2023 passed in I.A.No.4 of 2022 in O.S.No.6 of 2019 on the file of the District Munsif, Mettur.
2. The revision petitioners are the defendants in O.S.No.6 of 2019 before the District Munsif Court, Mettur. The suit has been filed by the 1st respondent as plaintiff, for the relief of declaration of title and consequential injunction and other reliefs pertaining to the property comprised in S.No.118/4B, New S.No.118/4B3B, measuring 2 cents, which has been set out in schedule 'B' of the plaint. The plaintiff filed an application in I.A.No.4 of 2022 for appointment of an Advocate Commissioner. The said application was resisted by the revision petitioners by filing a detailed counter and also marking documents vide Ex.
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.
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 court reaffirmed that the appointment of an Advocate Commissioner is not warranted if the application primarily seeks evidence gathering rather than boundary identification.
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