RAJA Vs. NARASHIMAMURTHY

JUDGEMENT

(1.) THE Revision Petitioner/Petitioner/Plaintiff has filed the present Civil Revision Petition as against the order dated 29.07.2009 in I.A.No.700 of 2007 in O.S.No.168 of 2007 passed by the Learned District Munsif Court, Palacode.

(2.) THE Petitioner/Petitioner/Plaintiff has filed the I.A.No.700 of 2007 in O.S.No.168 of 2007 on the file of the trial Court under Order 26 Rule 9 of Civil Procedure Code praying for an appointment of an Advocate Commissioner to measure the suit property and to submit a plan and also to file a report as to whether there existed a well or otherwise in the suit property.

(3.) THE Learned Counsel for the Revision Petitioner/Petitioner/ Plaintiff submits that entire suit claim is on the basis of existence of the well in the suit property and to ascertain the factum of existence of the suit well, the Revision Petitioner/Plaintiff has taken out an application as per Order 26 Rule 9 of Civil Procedure Code.