Lower courts have powers to inspect disputed properties

Justice S Vaidyanathan’s observation came about in a dispute over ownership of land wherein the III Additional District and Sessions Court, Vridhachalam, while remanding the matter, had directed the Subordinate Judge, Neyveli to appoint an Advocate Commissioner and ascertain the actual owner of the property.

Holding that I find much force in the contention raised by the Appellant’s counsel that the Lower Appellate Court instead of remanding the matter to the Lower Court could have decided by itself with the available materials, Justice Vaidyanathan said “It is pertinent to mention here that civil matters are pending for years together without any quietus during the lifetime of parties.”

He also noted that Rule 18 CPC provides for legal leniency to the court to personally inspect the property or thing in question and prepare a memorandum of such inspection, which can then be taken on records while the costs shall be borne by the litigants for this purpose.