VEMBA GOUNDER Vs. POONCHOLAI GOUNDER

JUDGEMENT

(1.) This revisi0n is by the petitioner in I.A. No. 3879 of 1994 in O.S. No. 701 of 1992, on the file of the District Munsif's Court, Tindivanam.

(2.) The suit is one for declaration of title and recovery of possession of the schedule mentioned property, in which, according to the petitioner/plaintiff, the respondent, defendant has committed trespass. During pre-trial stage, petitioner filed an application for the issue of a Commissioner, and the same was allowed.

(3.) An Advocate-Commissioner visited the Property. It is said that after expiry of a long time, he filed the report dated 1-11-1993. The petitioner filed objections to the report on 7-1-1994, and the same is pending consideration by the Court below. In the meanwhile, he filed I.A. 3879 of 1994 on 18-11-1994 seeking appointment of another Commissioner. An objection was raised by the respondent stating that when the earlier report is pending consideration, a second Commissioner cannot be deputed and even if there is any defect in the report of the Commissioner, the remedy of the petitioner is only to have a supplementary report by issuing the warrant to the same Commissioner.