RAMASAMY Vs. POONKHODI

JUDGEMENT

(1.) THE Petitioners/Defendants have preferred the present Civil Revision Petition as against the order dated 28.07.2009 in I.A.No.469 of 2009 in O.S.No.165 of 2008 passed by the Learned District Munsif, Perambalur.

(2.) THE Learned District Munsif, Perambalur while passing the orders in I.A.No.469 of 2009 in O.S.No.165 of 2008, has, among other things observed that 'Petitioners and the Respondent have admitted that there are mistakes in the surveyor report, plan and the surveyor plan and as such, in the interest of justice has ordered for reissue of commissioner warrant by directing the earlier commissioner to inspect the suit property with the help of District surveyor inspector and to submit his report along with plan and measurements and also determined his remuneration at Rs.1000/-.

(3.) THE said advocate commissioner can be examined as a Court witness and through his evidence the mistake occurred in his report in regard to the description of the property wrongly mentioned as A.B.C.D can be corrected as C.D.E.F. It is open to the concerned party/parties to cross-examine the commissioner. THE trial Court is directed to provide adequate opportunities to examine and cross examine the Commissioner in the manner known to law and in accordance with law.