O R D E R

This civil revision petition is against the order passed by the learned Principal District Munsif at Jayamkondam in I.A.No.2 of 2020 in O.S.No.101 of 2013 dated

29.02.2024.

2. The application in I.A.No.2 of 2020 seeks for relief of summoning the advocate commissioner who had submitted a report in O.S.No.251 of 2008 to appear and depose evidence in the present suit in O.S.No.101 of 2013. In terms of Order XXVI Rule 10(2) of the Code of Civil Procedure, a party to the suit is entitled to summon an advocate commissioner to come and depose evidence on his report. This is for an understanding that the report of the advocate commissioner which is received as evidence in the suit, if controverted in that suit, the commissioner would have to subject himself to cross examination to defend his report. The fact that the advocate commissioner is entitled to be cross examined for having submitted a report in one suit does not mean he has to appear in a subsequent suit for which he was never appointed.

3. The case of the defendant herein is that the advocate commissioner was appointed in O.S.No.251 of 2008 and has submitted a report and therefore that report may be received in the present