Madras High Court
Vasudevan vs Sri Karyam Swami on 23 November, 2021
CRP.No.372/2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
CRP.No.372/2019 & CMP.No.2616/2019
[Video Conferencing]
Vasudevan .. Petitioner
Vs.
Sri Karyam Swami .. Respondent
Prayer:- Civil Revision Petition filed under Article 227 of the Constitution
of India to set aside the order dated 16.11.2018 made in I.A.No.176/2017
in O.S.No.58/2007 on the file of the learned Hon'ble District Munsif Court,
Vandavasi.
For Petitioner : Mr.A.Ilayaperumal
For Respondent : M/s.R.Ramya
ORDER
(1) This Civil Revision Petition is directed against the order in
I.A.No.176/2017 in O.S.No.58/2007 on the file of the learned
District Munsif Court, Vandavasi, Thiruvannamalai District.
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(2) Brief facts that are necessary for disposal of this Civil Revision
Petition are as follows:
(3) The revision petitioner is the plaintiff in the Suit in
O.S.No.58/2007. The Suit filed by the plaintiff is against the
respondent Mutt. The Suit property is a temple viz., Ameerthavalli
Nayina Sametha Sri Yogantharulimma Swami Thirukoil, in
Sokatthur Village, Vandavasi Taluk, Thiruvannamalai District. The
Suit is for a declaration that the Suit temple is not a temple belongs
to Sri Aghobadi Mutt, comes under the administration of the
defendant.
(4) The written statement was filed by the Mutt/defendant in the Suit
in O.S.No.58/2007 holding exclusive ownership and title over the
temple which was described in the plaint. It is stated that the
temple is one of the hundreds of temple maintained and
administrated by the defendant, Mutt.
(5) After the written statement was filed, the petitioner/plaintiff filed
an application in I.A.No.176/2017 for appointment of an Advocate
Commissioner to inspect the Suit property in O.S.No.58/2007 to
identify the Suit property with reference to survey number and
CRP.No.372/2019
measurements etc. The said application was contested by the
respondent/defendant. The Trial Court dismissed the application
mainly on the ground that the application for appointment of an
Advocate Commissioner lacks bona fides. Unfortunately, the Trial
Court relied upon the judgment of this Court in Chandrasekharan
Vs. Doss Naidu reported in 2005 (3) MLJ 473 wherein it is stated
that an appointment of Advocate Commissioner cannot be allowed
to find out the factum of possession. It is to be noted that the said
judgment cannot be applied to the facts of the present case.
However, the application filed by the revision petitioner/plaintiff
has no merit. Order VII Rule 3 clearly reads as follows:
“where the subject matter of the Suit is
immovable property, the plaint shall contain a
description of the property sufficient to
identify it”
(6) It is seen that the petitioner/plaintiff filed the plaint in
O.S.No.58/2007 without describing the Suit property as expected
under Order VII Rule 3 and has now come forward with an
application to appoint an Advocate Commissioner to note down the
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physical features and to get the particulars of the property so that it
can be described properly in the plaint. The petitioner/plaintiff who
is expected to disclose the minimum facts in the plaint cannot seek
the aid of Court to describe the very subject matter of the Suit.
(7) The object behind under Order VII Rule 3 would be defeated in
case the application in I.A.No.176/2017 filed by the
petitioner/plaintiff for appointment of an Advocate Commissioner
to help the petitioner/plaintiff to describe the property more
particularly with reference to the survey number and measurements
and etc., is allowed. This Court find no merit in the Civil Revision
Petition. The Commissioner cannot be appointed to collect
evidence even to complete the pleading.
(8) In the result, the Civil Revision Petition is dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
23.11.2021
cda
Internet : Yes
To
The Hon'ble District Munsif Court, Vandavasi.
CRP.No.372/2019
S.S.SUNDAR, J.,
cda
CRP.No.372/2019
23.11.2021
https://www.mhc.tn.gov.in/judis 5
