JAYAPRAKASH Vs. SENTHIL KUMAR

JUDGEMENT

(1.) ANIMADVERTING upon the order dated 06.08.2008, passed by the learned Additional Subordinate Judge, Mayiladuthurai, in I.A.No,42 of 2008 in O.S.No,58 of 2007, this civil revision petition is focussed.

(2.) HEARD both sides.

(3.) AT this juncture I would like to call up and recollect the catena of decisions of this Court that no Commissioner could be appointed at the instance of a party so as to gather particulars in favour of him so as to buttress and fortify his stand. The learned counsel for the revision petitioners is interested in seeing that both the parties should not be made to suffer from dearth of proper description of the property at a later stage. I am in full agreement with his submission and accordingly I would like to set aside the order of the lower Court and allow the I.A. partly as under: "An Advocate Commissioner shall be appointed purely for the purpose of visiting the suit properties found specified in the plaint schedule and also note the physical features such as pond, house, trees etc., if any, as stated by the defendants and submit his report."