LAWS(MAD)-2007-2-169

A KALABAI Vs. P PATTAMMAL

Decided On February 08, 2007
A. KALABAI Appellant
V/S
P. PATTAMMAL Respondents

JUDGEMENT

(1.) THIS revision is directed against the Order in I.A.No.1618/2001 in O.S.No.148/1997 on the file of Principal District Munsif, Pondicherry, dismissing the application filed under Or.13, R.1(2) and (3) read with Sec.151 CPC, declining to issue summons to the witnesses.

(2.) PLAINTIFF has filed the suit for Permanent Injunction restraining the Defendants from encroaching into the suit property and for mandatory injunction. Contending that measurements are not correct and the boundaries given by PLAINTIFF is incorrect Defendants filed I.A.No.145/1997, and in that application, Commissioner was appointed and he has filed his report. PLAINTIFF has filed elaborate objection to the report of the Advocate Commissioner.

(3.) ALONG with application to reopen the case, Plaintiff filed I.A.No.1618/2001, seeking issuance of summons to the witness viz., (1)Advocate Commissioner; (2)Deputy Surveyor, Pondicherry; (3)Director, National Archives of India, Record Centre, Pondicherry.