L LAKSHMI NARAYANAN Vs. V ANANDAN

JUDGEMENT

(1.) THE revision petitioner/petitioner/plaintiff has filed this present civil revision petition as against the order dated 19.2.2007 in I.A.No.19789 of 2007 in O.S.No.5406 of 2005 passed by the XVI Assistant Judge, City Civil Court, Chennai in dismissing the application filed under Order XXVI Rules 2 and 9 of CPC filed by the revision petitioner/petitioner/plaintiff praying for an appointment of an Advocate Commissioner to inspect the suit schedule building in comparison with the sanctioned plan issued by the C.M.D.A authorities/Corporation authorities and to submit the report etc.,

(2.) THE trial Court, while passing orders in I.A.No.19789 of 2006 has inter alia come to the conclusion that 'the revision petitioner/petitioner/plaintiff cannot seek the assistance of the Advocate Commissioner to prove his case and that the revision petitioner/petitioner/plaintiff is bound to prove his case by independent evidence and documents' and has resultantly dismissed the application as not maintainable.

(3.) THE respondents 1 and 2 in their counter have inter alia stated that the civil revision petitioner/petitioner/plaintiff has filed earlier I.A.No.15719 of 2005 in the above suit on the same pleadings and grounds seeking similar relief and that application has been closed and the cause of action mentioned in this application is just reproduction of cause of action mentioned in I.A.No.15719 of 2005 and that when the suit is not maintainable, the application is not maintainable in law and liable to be dismissed.