R SHANMUGAM Vs. M GANESA MUDALIAR

JUDGEMENT

(1.) CIVIL Revision Petition filed under Article 227 of Constitution of India against the Order and Decree in I.A.No.347 of 2007 in O.S.No.118 of 2007 on the file of the Subordinate Judge, Ranipet. The following are the allegations found in the affidavit:

(2.) IN the counter filed by the second respondent adopted by 1st, 3rd and 4th respondents, it is stated that these respondents have no objection for appointment of Advocate Commissioner and such appointment would enable the administration of the Trust in a smooth manner.

(3.) MR.G. Jermiah, learned counsel for the petitioner would strenously contend that the attitude of the trial Court is not lawful for the reason that it has allowed the application in I.A.No.248 of 2007 filed under Section 92 of C.P.C for grant of leave to institute the suit by the plaintiffs and the present petition in I.A.No.347 of 2007 for the appointment of Commissioner on the same day on 6.8.2008 and the Order impugned here is non-est in the eye of law.