IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH:: HYDERABAD THURSDAY, THE TWENTY SEVENTH DAY OF JULY TWO THOUSAND AND ELEVEN PRESENT:: HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.5438 OF 2010 Between: Janga Rajaiah …Petitioner A n d Ponnam Mallaiah and another ..Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY C.R.P.No.5438 OF 2010 ORDER: This civil revision petition is directed against the order dated 09.11.2010 in I.A.No.212 of 2010 in O.S.No.31 of 2010, on the file of the Junior Civil Judge, Sircilla, wherein by docket order, the learned Junior Civil Judge appointed an Advocate-Commissioner to note down the physical features of the schedule land in Sy.No.94/A to an extent of Ac.0-08 gts situate at Gandichalpet village. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Perused the record 3. The petitioner herein filed the suit for permanent injunction against the respondents/defendants. The respondents/defendants did not enter appearance and did not file written statement in spite of giving number of adjournments. By docket order dated 27.09.2010, the trial Court ordered as follows: “Written statement not filed. Stipulated period is over. The right to file Written Statement is forfeited. For plaintiff’s evidence, call on 28.10.2010.” It is stated that the above said order remains in force, as no steps were taken by the defendants for setting aside the same. While the defendants’ right to file the written statement thus stood forfeited, they filed an application in I.A.No.212 of 2010 under order XXVI Rule 9 CPC seeking appointment of an Advocate/Commissioner to make a local inspection of the suit land and note the physical features thereof. The petitioner/plaintiff filed a counter opposing the said application. The trial Court, without considering the contentions raised by the petitioner herein in the counter, passed a cryptic docket order appointing the Advocate/Commissioner. The Advocate/ Commissioner cannot be appointed for the purpose of gathering the evidence. The report to be filed by an Advocate/Commissioner is supposed to assist the Court in proper adjudication of the dispute in an effective manner. The contention of the defendants has not been placed on record as no written statement is filed by them and, in fact, the right to file written statement was also forfeited by order dated 27.09.2010. When that is so, filing of the application in I.A.No.212 of 2010 by the defendants at this threshold stage even without filing written statement and putting forward their contentions, is clearly an attempt to gather evidence so as to formulate their contentions. Such a course is not permissible. The impugned order is bereft of any reasons and is wholly unsustainable. The same is liable to be set aside and is accordingly set aside. 4. In the result, the civil revision petition is allowed. Interim stay granted earlier stands vacated. There shall be no order as to costs. _____________________ G.V.SEETHAPATHY, J 27th July, 2011 Note: CC in one week. Lrkm.