Plaintiff's revision challenging the appointment of an Advocate Commissioner under Order XXVI Rule 9 CPC was disposed of after the court noted that the underlying suit itself had been dismissed for non-prosecution on 05.03.2024, with no order as to costs and the connected miscellaneous petition closed.
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C.R.P.No.730 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.08.2024
CORAM
THE HONOURABLE Mrs. JUSTICE R.KALAIMATHI
C.R.P.No.730 of 2023 and C.M.P.No.5640 of 2023
M.Ganesan ...Petitioner
vs.
PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India to set aside the order dated 21.12.2022 made in I.A.No.880 of 2022 in O.S.No.135 of 2022, pending on the file of the learned District Munsif Court, Pappireddipatti, Dharmapuri.
For Petitioner : No Appearance For Respondents : Mr.V.Gunasekar
ORDER
None represented the revision petitioner.
Page No.1/3
C.R.P.No.730 of 2023
that the suit is dismissed for non prosecution on 05.03.2024. This revision petition is filed by the plaintiff against the order passed in I.A.No.880 of 2022 in O.S.No.135 of 2022 on the file of the District Munsif Court, Peppireddipatti, Dharmapuri District. An application was filed under Order XXVI Rule 9 of Civil Procedure Code for the appointment of an Advocate to inspect the suit property with the help of Surveyor and Village Administrative Officer and to file the report and sketch, and the same was allowed by appointing an Advocate Commissioner.
13.08.2024
Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No mac
Page No.2/3
C.R.P.No.730 of 2023
R.KALAIMATHI, J.
mac
To
The District Munsif Court, Pappireddipatti, Dharmapuri.
C.R.P.No.730 of 2023 and C.M.P.Nos.5640 of 2023
13.08.2024
Page No.3/3
1 issue framed by the court
Whether the revision against the order appointing an Advocate Commissioner should be disposed of given the suit's subsequent dismissal for non-prosecution.
2 provisions across 2 enactments
M.Ganesan
Umavadhi @ Umadevi
Jayalakshmi
R.Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
