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R.THARANI
M. S. M. Mohamed Basul Ashub (died) – Appellant
Versus
V. Veerapandi – Respondent
ORDER
R. Tharani, J.—This Civil Revision Petition is filed against the order, dated 21.08.2017 passed in I.A.No.358 of 2016 in O.S.No.118 of 2013, on the file of the District Munsif, Srivaikuntam.
2. The revision petitioners are the plaintiffs in the suit and petitioners in the I.A. petition. Respondent herein is the first defendant in the suit and first respondent in the I.A. petition. The petitioners filed a suit in O.S.No.118 of 2013 for a prayer of declaration and injunction. The petitioners filed a petition in I.A.No.358 of 2016, for a prayer of re-issuance of the Commissioner Warrant. That petition was dismissed by the District Munsif, Srivaikuntam. Against the same, the petitioners have preferred this Civil Revision Petition.
3. Brief substance of the petition in I.A.No.358 of 2016 is as follows:—
Before filing of the written statement by the defendant, a Court Commissioner was appointed in this case. In the written statement, it was stated that the plaintiffs are not aware of the survey number of the property and the boundaries in the document of the plaintiffs is wrong. Hence, the Commissioner has to re-visit the property and to verify the averments made in the written sta
Appointment of Court Commissioner – Delay alone is not a sufficient ground to reject prayer.
Re-issuance of warrant for proper measurement of property by the same Commissioner at the instance of a party, who has resumed conducting his case after setting aside the ex parte order against him, ....
Trial court must allow reissuance of commissioner's warrant if report has discrepancies, ensuring fair opportunity to prove case.
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.
Objections to Advocate Commissioner's report mandatory before re-issuance; delay bars late applications post-impleadment.
A court may refuse to reissue a commission warrant for land identification if existing records, such as an FMB sketch, are sufficient and the party has the alternative, effective remedy of cross-exam....
Changed property features post-acquisition justify commissioner revisitation despite part-heard trial stage.
A court can re-entrust a warrant to a commissioner for further investigation and report on important aspects required.
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