JUDGMENT

Petitioner is the plaintiff in O.S. No. 554/2008 on the file of the Principal Munsiff's Court-II, Kozhikode. Challenge in the original petition is against Ext.P6 order passed by the learned Munsiff, dismissing the application moved by the plaintiff for appointment of an Advocate commissioner to measure out the plaint property with the assistance of a qualified surveyor. That application was moved after closing of the evidence and at the stage when the case was posted for final arguments. Though an advocate commissioner was deputed previously, he had prepared only a rough sketch since such commission was taken at the time of institution of the suit, and, the suit being one for recovery of possession on the basis of title, appointment of a commission as prayed for by the plaintiff is essential to resolve the controversy arising for adjudication in O.P. (c) NO.2503 of 2011 2 the suit, is the submission of the counsel for reversal of Ext.P6 order and allowing of the application for commission by the plaintiff.

2. Going through Ext.P6 order with reference to the submissions made by the counsel and also other materials tendered with the original petition it is seen, Prima facie, t