BASKARAN Vs. MAHALAKSHMI

JUDGEMENT

(1.) THIS Revision is preferred against the Order of the District Munsif, Maduranthakam, made in I. A. No. 204 of 2002 in O. S. No. 215 of 1996, dated 29-4-2002, allowing the petition filed under Or. 6 R. 17 C. P. C. , thereby, allowing the amendment of 'a' schedule property regarding East-West measurement as 131. 5 ft. instead of 88 1/2 ft. C. R. P. Nos. 742 and 743 of 2004:- These Revisions are preferred against the orders of the District Munsif, Maduranthakam, made in I. A. Nos. 893 and 308 of 2003 in O. S. Nos. 215 of 1996, dated 8-1-2004 and 20-8-2003 respectively, allowing the Petitions filed under Or. 26 R. 9 C. P. C. appointing fresh Advocate Commissioner. The Defendant is the Revision Petitioner in all the above three Revision Petitions.

(2.) COMMON points arise for determination in all the above three Revisions and hence, all these Revisions were taken up together. The relevant facts for disposal of these Revision Petitions could briefly be stated thus :-

(3.) AGGRIEVED over the orders in I. A. Nos. 893 and 308 of 2003, the Defendant has preferred the C. R. P. Nos. 742 and 743 of 2004. Assailing the impugned order of amendment, the learned counsel for the Revision Petitioner has submitted that the amendment sought for after the trial was commenced and after the examination of the Advocate Commissioner as P. W. 2 cannot be ordered. Assailing the appointment of Advocate Commissioner in I. A. No. 893 of 2003, the learned counsel has submitted that the Applications in I. A. Nos. 308 and 893 of 2003 were filed merely to gather the evidence, which cannot be permitted. Pointing out that there cannot be belated appointment of Advocate Commissioner, that too, a fresh Commissioner, the learned counsel for the Revision Petitioner prays to reverse the order of appointment of the Advocate Commissioner in I. A. No. 893/2003.