B VIJAYAKUMAR Vs. K G CHELLAMUTHU

JUDGEMENT

(1.) The Revision Petitioner/Defendant has filed the present Civil Revision Petition as against the Order dated 20.03.2013 in I.A.No.203 of 2013 in O.S.No.176 of 2010 passed by the learned Sub Judge, Pollachi.

(2.) The Learned Sub Judge, Pollachi while passing the Impugned Order in I.A.No.203 of 2013 in O.S.No.176 of 2010 on 20.03.2013 (filed by the Respondent/Plaintiff/Petitioner under Section 45 of the Indian Evidence Act, 1872) had allowed the I.A.No.203 of 2013 by appointing Mr.G.Azagesan, Advocate as Commissioner and fixed his remuneration as Rs.5,000/- and directed him to hand over the documents to the Forensic Science Laboratory at Chennai or to the Forensic Science Laboratory at Madurai and to obtain the report. Further, the remuneration was directly ordered to be paid and on 19.04.2013, the said Advocate Commissioner was to appear before the Court.

(3.) Challenging the Order dated 20.03.2013 in I.A.No.203 of 2013 in O.S.No.176 of 2010 on the file of the Trial Court, the Learned Counsel for the Petitioner/Defendant submits that the Trial Court had allowed the Application without assigning any reason. With this simple ground alone the Order dated 20.03.2013 in I.A.No.203 of 2013 in O.S.No.176 of 2010 is liable to be set aside in the interest of justice.