HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION NO. 3208 OF 2009 Friday, the Twenty First day of January, Two Thousand and Eleven Between Smt. Palla Bulemma Petitioner AND Smt. Beesapu Venkata Lakshmi Respondent ORDER: The petitioner is the plaintiff who filed the suit OS No. 1649 of 2008 on the file of the Principal Junior Civil Judge, Visakhapatnam, for declaration of title in respect of 6 Sq. Yards (admeasuring 1½ feet x 39 feet) towards east of the plaint schedule property, said to have been unauthorisedly occupied by the defendant. Even before adducing any evidence on behalf of the plaintiff, he filed a petition under Order XXVI Rule 9 CPC for appointment of an Advocate Commissioner to (a) measure the boundaries of the site of the defendant with the assistance of her sale deed, specially by fixing the eastern boundary and then to measure the width of the site towards western side and thereafter to fix the remaining boundaries to measure the length of the site from south to north (b) to measure the exiting two feet width of the existing lane/pathway which is left exclusively for the ingress and egress of the defendant from that of the GVMC tar road which is facing towards south and north and (c) after completion of the above said work and noting down the existing boundaries with measurements, to draw a plan for the plaint schedule property also. Heard learned counsel for the petitioner and the learned counsel appearing for the respondent. It is for the plaintiff to establish by oral and documentary evidence, as per the plaint averments, that the defendant has unauthorisedly occupied six square yards of the suit schedule property. The burden of and proving the same by oral and documentary evidence cannot be shifted to the defendant without the plaintiff discharging the same. An Advocate Commissioner is, no doubt, liable to be appointed in respect of certain events before passing a decree to make local inspection, to take down physical features and in the event of any dispute on certain things after taking evidence. In the instant case, the plaintiff filed the application for appointment of an advocate commissioner only to gather evidence and to file the same before the court, which is not permissible in law. Consequently, the Civil Revision Petition fails and is accordingly dismissed. No order as to costs. ___________________ Justice V.Eswaraiah January 21, 2011 MAS