AI Overview...
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Reissue of Warrant - Courts frequently order reissuance of commission warrants to Advocate Commissioners when previous warrants are lost, invalid, or require clarification. Courts have upheld reissuance to the same Advocate Commissioner, especially when the property has already been inspected or measured, to maintain consistency and avoid unnecessary duplication M.Raja vs T.Meenakumari - Madras, Baskaran VS Mahalakshmi - Madras, Kalamani VS Ezhilarasan - Madras, M. Malakondiah VS K. Palani - Madras.
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Scrapping and Re-appointment - Courts have sometimes rejected reports by Advocate Commissioners, leading to requests for re-appointment or re-issuance of warrants to new or same Commissioners. The courts have emphasized the sufficiency of existing reports and the importance of proper appointment procedures Kovilmani VS Navamani - Madras, Baskaran VS Mahalakshmi - Madras.
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Specific Court Orders - Several cases involve detailed court directives for re-issuing warrants, often to the same Advocate Commissioner, to ensure accurate property measurement or inspection, especially when prior reports are relied upon or need confirmation Kalamani VS Ezhilarasan - Madras, M. Malakondiah VS K. Palani - Madras, Govindaraj vs Subramaniyam - Madras.
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Legal Framework - Order XXVI of the Civil Procedure Code and Section 151 CPC are frequently cited to justify re-issuance of warrants, emphasizing procedural correctness and the necessity of proper inspection for fair adjudication Govindaraj vs Subramaniyam - Madras, Pitchammal VS Sivaniyapillai Ammal - Madras.
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Disputes and Objections - Courts have addressed objections to Advocate Commissioner's reports, including reliance on ex parte reports, ownership disputes, or procedural lapses. Re-issuance is often granted to clarify or re-verify property details, ensuring fairness Alagar Iyengar & Others VS State of Tamil Nadu & Another - Madras, Chinnathambi & Other VS V. Sundarakumar - Madras.
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Finality and Sufficiency of Reports - When reports and measurements are deemed sufficient, courts often dismiss applications for re-issuance, highlighting the importance of existing reports unless procedural errors are identified M. Malakondiah VS K. Palani - Madras.
Analysis and Conclusion:
Reissue of Advocate Commissioner's warrants is a common judicial practice to ensure accurate property inspections, especially when prior warrants are lost, reports are contested, or further verification is necessary. Courts prioritize procedural correctness, the integrity of previous reports, and fairness in property disputes. Re-issuance to the same Advocate Commissioner is preferred unless substantial procedural lapses or disputes justify appointing a new commissioner M.Raja vs T.Meenakumari - Madras, Baskaran VS Mahalakshmi - Madras, Kalamani VS Ezhilarasan - Madras, Pitchammal VS Sivaniyapillai Ammal - Madras.
Search Results for "Reissue Advocate Commissioner Yearly Reports"
2025 Supreme(Online)(MAD) 14046 • India - High Court of Madras
R.Vijayakumar, J
of a warrant to an Advocate Commissioner. ... concerns a civil revision petition under Article 227 of the Constitution of India challenging the trial court's order regarding the reissue ... The court found the request for reissuance sustainable but critiqued the trial court for scrapping a prior commissioner's report. ... According to the learned counsel appearing for the revision petitioner/ defendant, the prayer has been amended in I.A.No.422 of 2022 is only for reissue of the warrant to the same #HL....
2017 0 Supreme(Mad) 2771 • India - Madras
T.RAVINDRAN
The petitioner sought to scrap the report of the Advocate Commissioner and re-issue the commission warrant to another Advocate, alleging ... Advocate Commissioner - Scrapping of Report - I.A.No.974 of 2013, I.A.No.457 of 2015, I.A.No.1016 of 2015 - The court found that ... the Advocate Commissioner's report, along with the Surveyor's plan, was sufficient to identify the suit property, and rejected the ... The only reason given by th....
2005 0 Supreme(Mad) 1116 • India - Madras
R.BANUMATHI
the Revision Petitions, except for C.R.P.No. 742/2004, which was partly allowed to modify the appointment of the Advocate Commissioner ... The court also appointed Advocate Commissioners to measure the property. ... The court also found errors in the appointment of Advocate Commissioners and directed the reissuance of Commission Warrants. ... The learned District Munsif, Madurantagam, is to be directed to reissue Commission Warrant to the same Advocate#HL_EN....
2010 0 Supreme(Mad) 1548 • India - Madras
M.JAICHANDREN
reissue the warrant to the same Commissioner who had inspected the suit property earlier. ... Interlocutory Application - Reissuing Warrant to Advocate Commissioner - The petitioner filed an interlocutory application to ... Fact of the Case: The petitioner filed a suit for permanent injunction and an interlocutory application to reissue ... It is noted that the petitioner had filed the interlocutory application for reissuing the warrant to the Advocate Commissioner,....
2012 0 Supreme(Mad) 3355 • India - Madras
V.DHANAPALAN
Commissioner. ... Court concluded that there was no need to re-issue the warrant as the properties had already been inspected and measured by the Advocate ... Commissioner's Report - Re-issuance of Warrant - AIR 1996 Madras 148 - The court dismissed the application for re-issuance of ... As far as the building is concerned, the Commissioner already measured the building and therefore there is no necessity to reissue the warrant to the same Commissioner or appoint a new Commis....
2025 Supreme(Online)(Mad) 60605 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Jothiraman, J
Commissioner. ... Petition against the order dated 04.09.2025 concerning I.A.No.3 of 2025 in O.S.No.236 of 2012, which sought re-appointment of an Advocate ... The Advocate Commissioner was also directed to give prior notice to both parties before visiting the suit property. Thereafter, the Advocate Commissioner has filed his report on 18.09.2024. The trial Court granted 15 days' time to both parties to file their objections to the report. ... In th....
2002 0 Supreme(Mad) 829 • India - Madras
K.SAMPATH
The defendants appealed, arguing against reliance on an ex parte Commissioner's report. ... Issues: The main issue was the ownership of the disputed property and the reliance on the Commissioner's report. ... The courts relied on the Commissioner's report and found the plaintiff's continuous possession and enjoyment of the property for ... The trial court after hearing the parties, reissued the commission with the same terms and conditions of the prior order. The parties gave memo of instructions to the Advoca....
2002 0 Supreme(Mad) 939 • India - Madras
A.RAMAMURTHI
Issues: Dispute over property ownership, reliance on ex parte Commissioner's report, failure to appoint a Commissioner for ... The trial court after hearing the parties, reissued the commission with the same terms and conditions of the prior order. The parties gave memo of instructions to the Advocate Commissioner. The Commissioner had also sought for clarification from the Court. ... The report and plan filed by the Commissioner were marked as Exs.....
2023 0 Supreme(Mad) 2978 • India - Madras
L. VICTORIA GOWRI
Order XXVI - Re-issuance of Warrant to Advocate Commissioner - Order XXVI, Rule 9 and Section 151 of the Code of Civil Procedure ... The petitioners sought to re-issue the warrant directing the Advocate Commissioner to measure the plaint schedule property from West ... The Trial Court dismissed the application, stating that the measurements given by the Commissioner in his report would suffice to ... to the Advocate Commissioner at the time of inspec....
1991 0 Supreme(Cal) 497 • India - Calcutta
BHAGABATI PRASAD BANERJEE, A.K.SENGUPTA
The Inspecting Assistant Commissioner (Assessment) rejected the assessee's contention which was upheld by the Commissioner of Income-tax (Appeals ). ... Accordingly, the order of the Commissioner of Income-tax (Appeals) on this point was upheld. ... The assessee had also the right to reissue the debentures so purchased from time to time and upon such reissue, the person entitled to the debenture was to have and was deemed always to have had the same rights and priorities as if the debentures had never b....
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