THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.2341 OF 2011 ORDER:- The Civil Revision Petition under Article 227 of the Constitution of India is directed against the order, dated 06.05.2011, in I.A.No.104 of 2011 in O.S.No.63 of 2008 on the file of the Principal Junior Civil Judge, Dhone, whereunder and whereby, petition under Order XXVI Rule 9 read with 151 C.P.C. to appoint a Commissioner to inspect the suit schedule property and to note down the physical features and nature of Survey No.112 in the above case, was dismissed. 2. Heard. 3. The petitioner herein is the plaintiff and the respondent herein is the defendant in the suit. The petitioner filed the suit for declaration of title and consequential permanent injunction. Pending suit, the petitioner filed the Interlocutory Application for appointment of Commissioner and the same was dismissed vide the impugned order. Aggrieved thereby, the present Revision Petition is filed by the plaintiff. 4. A plea has been taken by the petitioner in the affidavit filed in support of the petition that an Advocate Commissioner shall be appointed to note down the physical features and the nature of the suit schedule property, truthfulness of the plaint plan to prove his case and that the physical features of the suit land are most important to prove the possession and title of the suit land. The same was resisted by the defendant stating that appointment of Advocate Commissioner should not be allowed for the purpose of gathering evidence or to show that he is in possession of the property. The trial Court dismissed the said petition on the ground that in a suit for declaration of title, appointment of an Advocate Commissioner is not necessary. 5. There cannot be any dispute that a Commissioner can be appointed for the purpose of local inspection to enable the Court to arrive at a just decision of the case. It is well settled that an Advocate Commissioner cannot be appointed to gather or collect the evidence. The suit is filed for declaration of title and consequential injunction restraining the defendant and his men from interfering with his peaceful possession. That can be established by producing necessary evidence in the suit before the trial Court. The purpose of appointment of Commissioner, as seen from the affidavit filed in support of the petition, is nothing but collection of evidence. The petitioner himself has stated in the affidavit that the physical features of the suit schedule property are most important to prove the possession and title of the suit land, which cannot be sustained. Hence, the trial Court rightly passed the impugned order and there are no grounds to interfere with the impugned order and the petition is liable to be dismissed. 6. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. ______________________ JUSTICE K.C.BHANU 20th October, 2011. AMD THE HON'BLE SRI JUSTICE K.C.BHANU CIVIL REVISION PETITION No.2341 OF 2011 Date:20.10.2011 AMD