K. LINGASAMY Vs. VALLIYAMMAL AND ORS.

JUDGEMENT

(1.) The Civil Revision Petition is filed against the fair and decretal order dated 22.12.2014 made in I.A.No.1479 of 2014 in O.S.No.334 of 2011 on the file of the District Munsif Court, Kangayam.

(2.) The petitioner is plaintiff and respondents are the defendants in O.S.No.334 of 2011 on the file of the District Munsif Court, Kangayam. The petitioner filed said suit for declaration and permanent injunction. The third respondent filed written statement on 22.03.2012 and the same was adopted by the respondents 1 and 2 and are contesting the suit. Trial commenced. The petitioner filed present I.A.No.1479 of 2014 under Order 26, Rule 9 and section 151 CPC for appointment of an Advocate Commissioner to note down the physical features of the suit property and to file report and plan.

(3.) According to the petitioner, in the cross-examination, D.W.1 denied the existence of house, tank, cattle shed, bore well, pipeline under the ground etc. in the suit property and to prove the same, it is necessary for the appointment of Advocate Commissioner to note down the physical features of the suit property.