A. ARUNACHALAM Vs. M. THANGAVELU

JUDGEMENT

(1.) First defendant before the trial court is the revision petitioner herein. The above revision has been filed under Sec. 115 of the Code of Civil Procedure against the fair and decretal order passed in I.A. No., 732 of 1997 in O.S. No., 863 of 1993 on the file of the Court of District Munsif, Erode dated 20.6.1997. I.A. No. 732 of 1997 had been filed by the petitioner for appointing a fresh Commissioner with a direction to inspect the suit property for noting down the physical features of the same and filing a report with annexed plan aid this petition had been dismissed by the Court below, as not on merits.

(2.) In fact, earlier a Court Commission got appointed by the Court in the same suit for the same purpose in I.A. No., 923 of 1993 on 9.6.1993 and on visiting the suit locality the said Commissioner had also filed his report with plan on 5.8.1993 for which the respondent had set in certain objections, general in nature, after a lapse of 4 months.

(3.) The said Commissioner's report and plan have also been marked as Exhibits C -1 and C -2 in the trial Court and the trial having been commenced is now under way.