C.VASANTHA vs K.KANTHAMMAL Advocate - G.LATHA — 62/2023

Summary: The petition filed by the plaintiffs to appoint an Advocate Commissioner to inspect the disputed properties and prepare a survey report has been dismissed. The District Munsif Court held that the main issue in the suit—whether the plaintiffs are absolute owners of the properties—must be decided based on evidence provided by the parties themselves, not through a Commissioner's inspection. The court found that appointing a Commissioner to gather evidence would be improper under Order 26 Rule 9 of the CPC, and no clarification of disputed facts was necessary at this preliminary stage before issues were even framed. This case analysis is maintained by casestatus.in based on publicly available court records.