High Court dismissed a revision petition challenging the dismissal of an application for an Advocate Commissioner in a suit for permanent injunction. The Court held that appointing a commission is merely evidence collection, which was rightly refused by the lower court.
Civil Revision Petition is dismissed; Connected Civil Miscellaneous Petition is closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP.PD.No.4011 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.R.P (PD).No.4011 of 2018
and
C.M.P.No.22205 of 2018
1. P.Vairamani
2. P.Gunasundari ... Petitioners
Vs.
M.Vijayalakshmi ... Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to call for the records of the order and decretal order dated 27.08.2018 made in I.A.No.4277 of 2018 in O.S.No.4668 of 2017 on the file of the XIV Assistant City Civil Court, Chennai and set aside the same.
1/4
CRP.PD.No.4011 of 2018
O R D E R
This Civil Revision Petition is filed as against the fair and decretal order passed in I.A.No.4277 of 2018 in O.S.No.4668 of 2017 dated 27.08.2018 on the file of the learned XIV Assistant City Civil Court,
Chennai thereby dismissing the petition filed by the petitioner for appointment of the Advocate Commissioner.
suit property and to note down the physical features of the suit property as well as its boundaries.
case by way of evidence. The appointment of the Advocate Commissioner
is nothing but collection of evidence. Therefore, the Trial Court rightly
2/4
CRP.PD.No.4011 of 2018
dismissed the petition and this Court finds no irregularity or infirmity in the
order passed by the Court below.
Consequently, the connected Civil Miscellaneous Petition is closed.
09.07.2021
Speaking/Non-speaking order
Index : Yes/No
kv
To
1. The XIV Assistant City Civil Court, Chennai.
2. The Section Officer,
V.R. Section, High Court of Madras.
3/4
CRP.PD.No.4011 of 2018
G.K.ILANTHIRAIYAN,J.
Kv
C.R.P (PD).No.4011 of 2018
09.07.2021
4/4
1 issue framed by the court
Whether High Court is justified in setting aside the order of Trial Court dismissing the petition for appointment of Advocate Commissioner.
2 provisions across 1 enactments
P.Vairamani
P.Gunasundari
M.Vijayalakshmi
G.K.Ilanthiraiyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
