appoint of court commissioner.....!!!

Querist : Anonymous (Querist) 21 December 2010 This query is : Resolved
There are adjacent plots out of which one of the plot is purchased by the plaintiff which is the disputed property in plaint.. other adjacent plots are not included in the plaint... the plaintiff is alleging that the adjacent plot owner has encroached upon his own land.. now he has filed application for appoint of court commissioner in the court.. seeking relief that along with the disputed plot all the other adjacent plots be measured and the boundaries be checked... can such application be filed in the court seeking to measure all the plots.. and only prayer for appoint of court commissioner is made. as to who should be appointed is not made..?? i'm on behalf of the defendant.. and want to oppose it.. reply....if possible in detail.

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Dineshwar Singh Kaushik (Expert) 21 December 2010
Court can appoint court commissioner only for the purpose of measurement of disputed plots.

Devajyoti Barman (Expert) 21 December 2010
The commisssioner is appointed to help the court for better adjudication of the case in hand and this is generally done to make note of the measurement, accomodation of the tenant or taking evidence of a witness. In your case the commissioner may be appointed by the court but he would not be authorised to take measuments of such plots of land which is not the part of the suit poperty.

Khaleel Ahmed Mohammed (Expert) 21 December 2010
Advocate commissioner can be appointed by the court on request petition filed by either plaintiff or defendant, the purpose of the commssion will be the subject matter of the disputed property only. The advocate commissioner after the receipt of the appointment order issues the notices to both parties about date and time of inspection. Both parties may give him their work memo, the advocate commissioner will go through the work memo given by the parties. He will file the report before the court.Such report may be marked as exhibit. The parties have right to examine the commissioner before the court,and also cross examin him before the court. If any party not satisfied with the report filed by the commissioner , such party can file objections over the report filed by the advocate commissioner. Further such party can file petition before the court for the appointment of another advocate commissioner.For more details you are advised to consult with your local lawyer.

s.subramanian (Expert) 22 December 2010
Simply stated,the commissioner appointed in a suit is empowered only to measure the suit proeprty concerend in that suit. He cannot go beyond that.

Y V Vishweshwar Rao (Expert) 22 December 2010
I agree with the lrd friends !

For measurement of the disputed plot - there must be undisputed point where from the measurements to be taken - in such cases the parties will suggest to the commissioner that undisputed point may be chosen/fixed by both parties - in this process there may be measurement of adjacent plots only to locate the disputed plot with location of the other undisputed plots - it is the convenience of the parties and commissioner to solve the dispute location of the suit /disputed plot - the other plots are not in dispute - is not a point!

Advocate. Arunagiri (Expert) 22 December 2010
Well advised by experts.

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