THE HONOURABLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO.1864 OF 2010 Dated 30-04-2010 Between: M/s. ISNAR Estates (P) Ltd., ... PETITIONER V. AP Gazetted Officers House Building Co-operative Society and 7 others ...RESPONDENTS Counsel for the Petitioner : Sri S. RAJAN Counsel for the Respondents : None The Court made the following order: - THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CRP NO.1864 of 2010 ORDER: This civil revision petition is filed against the order dated 25-2- 2010 passed in IA No.108 of 2010 in OS No.930 of 2008 by the V Addl. Junior Civil Judge, Vishakapatnam, dismissing the said IA filed under Order 26, Rule 4(A) CPC to appoint advocate commissioner for the purpose of recording the evidence of PW-1 including the process of marking of documents. 2 Heard the learned counsel for the petitioner. Perused the impugned order passed by the Court below. 3. Learned counsel for the petitioner strenuously contended that the Court below did not appreciate the fact that the petitioner has a bonafide medical reason for not appearing in the Court and therefore the Court below ought to have allowed the application. 4. Appointment of advocate commissioner for recording the evidence of a witness can be made only in exceptional case and not as a matter of routine. In the instant case, the Court observed that there was no medical evidence produced and any predictability shown, which prevents the petitioner from attending the Court. The medical record produced by the petitioner is not up to the subjective satisfaction of the Court and under those circumstances, the Court below declined to appoint advocate commissioner. The order being a discretionary order, does not warrant any interference by this Court. The civil revision petition fails and it is accordingly dismissed, at the admission stage itself. No costs. ______________________ Ghulam Mohammed, J 30-4-2010 Nrg THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CRP NO.1864 of 2010 30-4-2010