LAWS(MAD)-2013-3-104

RAJALAKSHMI Vs. PON. MUTHURAMALINGAM

Decided On March 21, 2013
RAJALAKSHMI Appellant
V/S
Pon. Muthuramalingam Respondents

JUDGEMENT

(1.) THE Learned counsel for the Petitioners/Defendants, in the present Civil Revision Petition challenges the order of the dismissal dated 11.1.2011 passed in I.A. No.1062 of 2010 in O.S. No.231 of 2007 (filed by the Petitioners under Order 26 Rule 9 of the Civil Procedure Code) on the file of the District Munsif Court, Sirkali praying for appointment of Taluk Surveyor and submits that the trial Court has passed the impugned order in the interlocutory application against law. Further, it is contended on behalf of the Petitioners that if the Surveyor is appointed to measure the property of the Plaintiffs and the Defendants, it would minimise much of oral and documentary evidence to be let in by the parties and also it will assist the Court in arriving at the truth of the matter as regards the controversies/disputes involved between the parties.

(2.) THE Learned counsel for the Petitioners/Defendants urges before this Court that the trial Court has erroneously observed in its order in I.A. No.1062 of 2010 in O.S. No.231 of 2007 to the effect that the Revision Petitioners/Defendants have only mentioned four survey Numbers but not mentioned the four boundaries and this observation of the trial Court is not correct because of the fact that in the plaint filed by the Respondents/Plaintiffs make mention of these survey numbers explicitly and in fact non mentioning of four survey numbers will be of little consequence in regard to the relief sought for by the Revision Petitioners praying for the appointment of Taluk Surveyor.

(3.) IT is brought to the notice of this Court that the main suit is in part heard stage and the evidence of the Respondents/Plaintiffs has been completed. Only at the time of the Petitioners/Defendants to lead evidence on their side, they have chosen to file I.A. No.1062 of 2010 on 2.11.2010 before the trial Court. It is pertinent to point out that the cross-examination on the side of the Respondents/Plaintiffs has been completed on 26.10.2010. Only on 2.11.2010, the Petitioners/Defendants have chosen to file I.A. No.1062 of 2010 seeking to appoint the Surveyor for measuring the property of the Petitioners/Defendants and the Respondents/Plaintiffs.