NALLABALLA LALITHA DEVI Vs. GUDDETI SURYANARAYANA

JUDGEMENT

(1.) This Revision Petition under Section 115 of the Code of Civil Procedure, 1908 (hereinafter called 'CPC') is filed against the interlocutory order dated 20-6-2000 in LA. No.60 of 2000 in A.S. No.55 of 1996.

(2.) The petitioner is the third respondent- third defendant in A.S. No.55 of 1996 on the file of the Court of Senior Civil Judge, Proddutur. The first respondent filed a suit for declaration of title and permanent injunction. The suit being O.S. No.74 of 1993 was tried along with two other suits and a common judgment was delivered dismissing the said suit. At the trial stage, an Advocate-Commissioner was appointed to measure the suit schedule land, fix the boundary stones and fix the dividing line between the property of the first respondent and the petitioner. The Advocate- Commissioner was also examined as P.W.3.

(3.) Against the judgment and decree in O.S. No.74 of 1993, the first respondent- plaintiff filed A.S. No.55 of 1996. He filed LA. No.60 of 2000 for appointment of Advocate-Commissioner for the purpose of verifying measurements taken by the Surveyor who assisted P.W.3 in taking the measurements. In LA. No.60 of 2000 he, inter alia, averred that the Advocate- Commissioner appointed by the trial Court who was examined as P.W.3 stated that the Surveyor has not taken the measurements of the suit schedule property nor prepared the plan Ex.C-7 in the presence of P.W.3. He also alleged that the evidence of P.W.3 is not clear whether the measurements taken by Surveyor as well as P.W.3 are same. It was also stated that P.W.3, Advocate- Commissioner, had since been appointed as a Sub-Inspector of Police and as he cannot be asked to reverify the measurements in the presence of the first respondent as well as the Surveyor, a new Commissioner must be appointed.