HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO. 2952 OF 2011 ORDER: This Civil Revision Petition has been filed aggrieved by the Order dated 12.07.2011 passed in I.A.No. 339 of 2011 in O.S No. 813 of 2011 by the VII Junior Civil Judge, City Civil Court, Hyderabad. Petitioner herein is defendant in O.S.No. 811 of 2011. Respondent herein is the plaintiff, who filed I.A No. 339 of 2011 under Order XXVI Rule 9 of CPC r/w Section 151 CPC with a prayer to appoint Advocate Commissioner for local inspection and to note down the existence of features and the nature of machinery and other articles in the suit mulgi and also the number of exhaust fans. That application was allowed. Aggrieved by the same defendant in the Suit filed the present Civil Revision Petition. The learned counsel appearing for the petitioner submits that the court below ought to have seen that application, seeking to appoint an Advocate Commissioner to conduct local inspection and to note down the existence of features and the nature of machinery and other articles in the suit mulgi, is totally irrelevant for the purpose of the main suit and it is an abuse of process of law. Heard the learned counsel appearing for the petitioner and also perused the material made available on record. For ready reference, Order XXVI Rule 9 of CPC, reads as under: “9. Commissions to make local investigations: In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market-value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court. Provided that, where the State Government has made rules as to the persons to whom such commission shall be issued, the Court shall be bound by such rules.” In the present case on hand, the Court below thought it fit that ends of justice would be met if the Advocate Commissioner is appointed to note down the physical features i.e., the existence of features and nature of machinery and other articles installed in the suit mulgi in the presence of both the parties, and it appointed the Advocate Commissioner and fixed his fee at 2,000/- directly payable to him. Hence, I see no reasons to interfere with the order passed by the Court below and the Civil Revision Petition is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. ______________________ GHULAM MOHAMMED, J DATE: 05.08.2011 KA