HON’BLE SRI JUSTICE C.V. RAMULU C.R.P.No. 2251 of 2010 Date: 28-09-2010 Between: Vemula Krishna Chaitanya ……….. Petitioner and Ramireddy Subbarami Reddy Educational Trust ………. Respondent HON’BLE SRI JUSTICE C.V. RAMULU C.R.P.No. 2251 of 2010 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against a docket order, dated 29- 04-2010 passed in I.A.No.140 of 2010 in O.S.No.21 of 2008 on the file of the learned Senior Civil Judge’s Court, Kavali, whereunder the Application filed by the respondent under Order 26 Rule 4-A and Section 151 of C.P.C. to appoint an Advocate Commissioner to record the further chief and cross-examination of PW-1 at Bangalore was partly allowed directing to record further chief and cross examination of PW-1 at Kavali. The learned counsel for the petitioner strenuously contended that though the Application was filed for cross-examining PW-1 by way of a Commission at Bangalore, the Application was partly allowed and PW-1 was directed to be cross- examined at his residence. Whereas the learned counsel appearing for the respondent, Mr. V. Sudhakar Reddy, strenuously contended that there is no such order saying that PW-1 shall be examined at his residence. Of course the impugned order does not reveal either way. According to the learned counsel for the petitioner, PW-1 is only aged 45 years and hale and healthy and therefore, the question of examining him either at his residence or at a place of his choice does not arise. I am in full agreement with the submission of the learned counsel for the petitioner. Under these circumstances, the Civil Revision Petition is disposed of directing the trial Court to permit the petitioner- defendant to cross-examine PW-1 in the open Court. No order as to costs. _____________ C.V. RAMULU, J Date: 27-09-2010 YCR