The court upholds the necessity of ensuring procedural fairness, including notice to parties and the presence of an Advocate Commissioner, during the measurement of disputed property by a surveyor to ensure a fair trial.

JUDGMENT

What is impugned in the present original petition is Ext.P6 order passed by the Munsiff Court, Chittur, directing a fresh measurement by the Surveyor in the presence of the Advocate Commissioner. The order was passed on an application submitted by the defendant for appointment of a fresh Surveyor. That part of the relief was declined. However, while considering the application, it had come out that the Surveyor visited the place without the presence of the Advocate Commissioner and without notice to the parties. Therefore, the Munsiff Court formed an opinion that the Surveyor ought to have visited the property in the presence of the Advocate Commissioner and hence, issued a direction to the Surveyor not to visit the property in the absence of the Advocate Commissioner. The Advocate Commissioner was also directed to inspect the property only after giving notice to both sides.

2. Adv.Meena A. - learned counsel appearing for the petitioner, points out from Ext.P3 that the Advocate Commissioner has reported before the trial court that he had informed the Advocate Clerk and wife of the defendant, regarding the visit of the Surveyor.

3. Adv.R.Harishankar - learned counsel appearing for the respondent, however, points out that the Advocate Commissioner is yet to file the final report and that Ext.P3, which is interim in nature, cannot be taken as conclusive proof as regards what happened when the Surveyor visited the property.

4. On a consideration of the submissions raised across the Bar, this Court is of the view that Ext.P6 order is perfectly correct. Admittedly, the Surveyor had visited the property in the absence of the Advocate Commissioner and without notice to the parties, and therefore, the trial court formed an opinion that, for the purpose of a fair trial, the presence of the Advocate Commissioner and parties is a must when the Surveyor measures the property.

5. On an overall consideration of the materials that weighed the mind of the Munsiff Court, Chittur, this Court is satisfied that it is not a fit case where the power under Article

227 of the Constitution of India is required to be exercised. Accordingly, the original petition fails and the same is dismissed.