ORDER

The respondent, despite service of notice and having engaged a counsel, has not chosen to defend the revision. Hence, the respondent is called absent and set exparte. I have proceeded to hear Mr.R.Agilesh, learned counsel for the revision petitioner.

2. Learned counsel for the petitioner would state that the trial Court has erroneously dismissed the application, seeking appointment of Advocate Commissioner arbitrarily and unilaterally holding that similar application had been taken up by the petitioner in a totally independent suit and the said Report can be summoned and filed in the present proceedings.

3. I have gone through the order under challenge.

4. The respondent has not taken the said plea that the Commissioner has already been appointed and that a Report along with Surveyor System has been filed in a different suit. The trial court, on its own motion, has put this against the revision petitioner and proceeded to dismiss the application.

5. Admittedly, the said suit, in which, the Advocate Commissioner has been appointed, has nothing to do with the present suit. Parties are also not same. Mere fact that Advocate Commissioner was appointed in a different suit cannot be a g