CRP/2013/2023 of S.SELVI Vs P.MANOHAR on 26 October 2026

ORDER

This civil revision petition has been filed under Article 227 of the Constitution of India against the order dated 03.02.2023 passed in I.A.No.3 of 2022 in O.S.No.704 of 2021 on the file of Principal District Munsif, Coimbatore, wherein the application filed by the petitioner/plaintiff under Order XXVI Rule 9 CPC seeking appointment of an Advocate Commissioner to inspect the property, measure the same and to submit a report along with a plan, came to be rejected by the Court below.

2. Heard learned counsel on either side and carefully perused the materials available on record. This Court also went through the impugned order.

3. The petitioner is the plaintiff, who filed the suit in O.S.No.704 of 2021 seeking for the relief of permanent injunction restraining the respondent/defendant from in any way interfering with the peaceful possession and enjoyment of the suit property.

4. The petitioner/plaintiff filed an application for appointment of an Advocate Commissioner mainly on the ground that the respondent/defendant has taken a stand in the written statement that the respondent/defendant's mother was continuing to retain possession of house site Nos.13 and 14 and the suit property is within and surrounded by 28¼ cents and that the respondent/defendant was attempting to take a defence as if he is maintaining the suit property. Therefore, the petitioner/plaintiff wanted an Advocate Commissioner to be appointed in order to measure the entire property with the help of a surveyor and identify the suit property purchased by respondent/defendant's mother shown as 'B' schedule property and the property owned by the petitioner/plaintiff shown as 'A' schedule property.

5. The Court below dismissed the application mainly on the ground that Advocate Commissioner cannot be appointed for the purpose of collecting evidence and since the case of the petitioner/plaintiff is borne out by documents relied upon, the burden of proof is upon the petitioner/plaintiff to prove possession of the suit property and the report of the Advocate Commissioner will not in any way help the Court in effectively disposing of the suit. The order passed by the Court below does not suffer from any perversity warranting interference of this Court.

6. The entire case of the petitioner/plaintiff is borne out by documents. If a stand has been taken by the respondent/defendant in a particular manner, the burden of proof is upon the respondent/defendant to establish that stand. As rightly held by the Court below, Advocate Commissioner cannot be appointed in order to gather further evidence and the same is beyond the scope of the Order XXVI Rule 9 CPC. Accordingly, this civil revision petition is dismissed. The learned Principal District Munsif, Coimbatore, is directed to dispose of the suit in O.S.No.704 of 2021 within a period of six (6) months from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed. 26-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No gm

N.ANAND VENKATESH, J. gm To The Principal District Munsif, Coimbatore. Civil Revision Petition No.2013 of 2023 26-10-2026