ALBERT RAJA Vs. CHANDRA; SELVA SEKAR AND; SELVA SUNDARI

JUDGEMENT

(1.) The revision petitioner/petitioner/appellant/plaintiff has preferred this Civil Revision Petition as against the order dated 12.09.2008 in I.A. No. 60 of 2008 in A.S. No. 119 of 2006 on the file of the learned Sub Judge, Tuticorin, in dismissing the application praying for an appointment of an Advocate Commissioner to measure the first item of the petition property as per the settlement deed by noting down the four boundaries and also to measure the respondents' property and to submit a report, with the help of a Surveyor.

(2.) The first appellate Court while passing orders in I.A. No. 60 of 2008 has inter alia opined that the revision petitioner/plaintiff has not stated proper reasons as to why to measure the petition property for third time and also the respondents' property for the first time and further that, the application has been filed belatedly and resultantly, dismissed the application.

(3.) According to the learned Counsel for the revision petitioner/plaintiff, the first appellate Court has committed an error in rejecting the application for appointment of an Advocate Commissioner on technical grounds however, going into the root of the matter and further that, the trial Court has not taken note of the fact that the respective parties have filed the title deeds and moreover, the revision petitioner has also filed patta to prove his possession and title and in reality, the re-issue of commission with the help of a Surveyor will facilitate the Court to decide the issue without any ambiguity and inasmuch as the order of the first appellate Court is contrary to law and suffers from material irregularity in regard to the exercise of jurisdiction, the revision petition needs to be allowed in the interest of justice.