THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 4451 of 2009 DT.1.7.2011 Between: Polisetti Suryakumari and another … Petitioner And P Suseela and ors … Respondent Counsel for the Petitioner: Sri V N Anagani Counsel for respondents: Sri Samba Siva Rao Kondapalli The Court made the following ORDER: THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 4451 of 2009 ORDER: The petitioners herein are defendants, filed the present revision against the order dated 6.7.2009 in I.A No. 382 of 2009 in O.S No. 164 of 2007 on the file of the Principal Junior Civil Judge, Repalle, allowing an application filed under Order 26 Rule 9 and 10 of CPC to appoint an Advocate Commissioner. The respondents/plaintiffs filed a suit in O S No. 164 of 2007 for declaration of title and permanent injunction in respect of suit property. In the said suit, the plaintiffs filed an application in I.A. No. 382 of 2009 for appointment of Advocate Commissioner to visit the schedule property and to measure the schedule property as per the documents of both sides with the assistance of Mandal Surveyor with the help of revenue records of Arumbak. The defendants/petitioners herein filed a counter affidavit before the Court below resisting the said application on the ground that it is for the plaintiffs to prove the plaint averments and they cannot be permitted to gather the evidence with the assistance of appointment of Advocate Commissioner. The Court below having rejected the said objection, allowed the application appointing an Advocate Commissioner. Hence, the present revision. Heard the learned counsel for petitioners as well as the learned counsel for respondents and perused the material available on record. Having regard to the facts and circumstances of the case, this Court is of the opinion that before passing the decree, such an order appointing an Advocate Commissioner to measure the schedule property as per the documents of both sides with the assistance of Mandal Surveyor with the help of revenue records of Arumbak, would certainly amounts to gathering of the evidence. It is now well settled that the plaintiffs cannot shift the burden to third parties and they have to establish their pleadings by adducing evidence. Therefore the Court below erred in allowing the application and the said order is liable to be set aside and the same is hereby set aside. Accordingly, the revision petition is allowed. No costs. _____________ V ESWARAIAH,J DATE: 1.7.2011 tvk THE HON'BLE MR JUSTICE V ESWARAIAH CIVIL REVISION PETITION No. 4451 of 2009 Date: 1.7.2011