C.R.P No. 2212 of 2009 · Andhra Pradesh High Court
Case at a glance
Outcome
Set aside
order under revision is set aside
Provisions considered
- Code of Civil Procedure, 1908 O. XXVI r. 9
Judgment
C.R.P.No.2212 of 2009 The respondents filed O.S.No.14 of 2004 in the Court of Junior Civil Judge, Chevella, Ranga Reddy District, against the petitioners, initially, for the relief of perpetual injunction and thereafter, the relief of mandatory injunction was also added. In that suit, the respondents filed I.A.No.195 of 2009 under Order XXVI Rule 9 CPC with a prayer to appoint an advocate commissioner to measure the suit open plot, admeasuring 288 square yards. The trial Court allowed the I.A. through its order,
dated 01.05.2009. The same is challenged in this revision. Heard Sri Dhananjai, learned counsel for the petitioners and Sri N. Vijender Reddy, learned counsel for the respondents. The principal ground urged by the petitioners is that the trial Court passed an order under revision without giving them an opportunity. A perusal of the docket proceedings discloses that on
Operative part
17.04.2009 it was adjourned to 21.04.2009 for notice and counter and thereafter, it was called on 24.04.2009 for counter. The petitioners specifically plead that the notice was served upon them only on 30.04.2009 and without giving them an opportunity to file any counter, the I.A. was allowed on the next day itself. The application to appoint an advocate commissioner is filed in a suit for injunction. It is only in a rare case that commissioner would be appointed in a suit of this nature. The petitioners can raise objections that are available to them. The I.A. itself was filed five years after the suit was instituted, whereas the trial Court passed the order in it, hardly, within few days, and without giving an opportunity to the petitioners. The Civil Revision Petition is, accordingly, allowed. The order under revision is set aside. The trial Court shall decide the matter afresh giving due opportunity to both the parties. The petitioners shall file counter-affidavit in the I.A., within one week from today. There shall be no order as to costs. ______________________ L. NARASIMHA REDDY, J Date: 07.10.2009 Note: Issue CC by one week. (Bo)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: order under revision is set aside
Which statutory provisions did this judgment involve?
Code of Civil Procedure, 1908 — O. XXVI r. 9.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.