SUBRAMANIAM Vs. SAMINATHAN

JUDGEMENT

(1.) THIS Revision is directed against the order of the District Munsif, Nannilam, dated 21-07-1999 in I.A.No. 682 of 1998 in O.S.No. 248 of 1998, dismissing the Application filed under Or.26 R.9 C.P.C., declining to appoint an Advocate Commissioner. The Plaintiff, is the Revision Petitioner.

(2.) THE facts necessitated for disposal of this Revision Petition could briefly be stated thus:-

(3.) UPON consideration of the contentions of the Revision Petitioner/Plaintiff, the impugned order and other materials on record, the following points arise for consideration in this Revision Petition:- i.Whether the seeking of the Advocate Commissioner to note down the measurements and the alleged encroachment by the Defendants amounts to collecting of evidence and proving the factum of possession " and ii.Whether the impugned oder declining appointment of the Commissioner is sustainable "