THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED C.R.P.No.3956 of 2011 ORDER This revision is directed against the order dated dated 16.08.2011 passed by the learned III Senior Civil Judge, City Civil Court, Secunderabad in I.A.No.344 of 2011 in O.S.No.73 of 2007, whereby the learned Judge appointed an Advocate Commissioner to record the evidence of the expert by name Sri P.Venu Gopal Rao, Assistant Government Examiner of Questioned Documents , Ramanthapur, Hyderabad. 2. Heard both sides. 3. The first respondent herein filed O.S.No.73 of 2007 for partition. The evidence of the parties was completed. At that stage, she filed the above said I.A. under Order XVI Rule 1(3) read with Section 151 of CPC seeking to summon Sri P. Venu Gopal Rao, Assistant Government Examiner of Questioned Documents, Ramanthapur, Hyderabad, for the purpose of marking his report. By the order impugned, the Court below ordered the said I.A with the direction specified supra. Aggrieved by the same, the petitioner, who is the 4th defendant in the suit, filed the present revision. 4. Heard both sides. 5. Learned counsel for the petitioner submitted that under Order XVI Rule 1(3) of CPC, the Court may issue summons to the witness and that the Court below ought not to have appointed an Advocate Commissioner depriving the opportunity of the petitioner to cross-examine the expert. He contended that no prejudice is caused if the evidence of expert is recorded in the open Court. 6. It is seen from the record that in I.A.No.1208 of 2010 filed under Section 45 of the Indian Evidence Act, 1872, the disputed document Ex.B3-Will, along with the admitted signatures of the testator of the Will on the four cheques was sent to the Government Examiner and accordingly, the expert submitted his opinion to the Court below, and the petitioner filed objections to it. In view of the same, the petitioner wants to cross-examine the expert before the Court and I am of the view that it will not cause any prejudice to either side. Therefore, the order impugned is liable to be set aside. 7. Accordingly, the Civil Revision Petition is allowed setting aside the order impugned. No costs. _____________________ GHULAM MOHAMMED, J Date:03.12.2011 sj