KANAGARAJ Vs. RAJAN

JUDGEMENT

(1.) THIS revision arises out of the order of District Munsif, Nagapattinam, made in unfiled I. A. Of 2002 in O. S. No. 196 of 1999 dated 6-3-2002, dismissing the petition filed under Or. 26 R. 9 C. P. C. declining to reappoint the Advocate Commissioner and to measure the suit property with the help of the surveyor.

(2.) THE facts in nutshell could be stated thus:-

(3.) DENYING the averments in the plaint, the first Defendant has filed the written statement contending that the description of the property is unclear and vague. According to the first Defendant, the property in S. Nos. 176/15a and 176/15b was purchased by his wife Shanthi, by a sale deed dated 29-07-1966. After the purchase, the land has been reclaimed and fenced on all the four sides and the Defendants are in enjoyment of the same. While so, on 1-5-1997, the Plaintiff has attempted to remove the Eastern side fence and attempted to encroach upon a portion of the property, which was prevented by the Defendants. Since, the first Defendant's wife is the owner of Western side property, the suit is bad for non-joinder of necessary and proper parties. After the written statement was filed, the first Defendant's wife Shanthi was impleaded as the second Defendant.