RANGASAMY Vs. SUPERINTENDING ENGINEER

JUDGEMENT

(1.) CIVIL Revision Petition is filed against the order rejecting the prayer for appointment of an Advocate Commissioner.

(2.) THE brief facts leading to the filing of the Civil Revision Petition are as follows :

(3.) THE object of the local investigation under Order 26 Rule 9 is not to collect evidence. Such materials enable the Court to properly and correctly understand and assess the evidence on record, which clarifies or explains any point, which is doubtful on the evidence on record. THE Court shall not appoint an Advocate Commissioner for taking measurement of the suit properties in a mechanical manner without considering the need for appointment of an Advocate Commissioner. If the Court deems fit that local investigation is requisite or proper, for the purpose of elucidating the matter in dispute, then the appointment of an Advocate Commissioner is justified. If there is any doubt about the area of the land, identification or location of an object, then local investigation is necessary. In the instant case, there is absolutely no doubt about the location of the well in R.S.No.209/10 and that therefore, there is no necessity for measurement.