THE HON’BLE SRI JUSTICE R.SUBHASH REDDY CIVIL REVISION PETITION No.1198 of 2011 ORDER: Heard the learned counsel for the petitioner and the learned counsel for the respondent. This Civil Revision Petition is filed under Article 227 of the Constitution of India aggrieved by docket order, dated 25.01.2011, passed by the learned Senior Civil Judge, Kavali, in O.S.No.125 of 2008. The respondent filed aforesaid suit for recovery of money. It is the case of the respondent that he has paid money on various dates on execution of pro-notes by the petitioner at Kavali. It is the defence of the petitioner that there was no cause of action as such at Kavali, since on the dates, on which the alleged pro-notes are executed, the petitioner was in Hyderabad as he was working as Accountant in Finance Department in Hotel Marriott at Hyderabad. The petitioner filed I.A.No.273 of 2010 under Order XVIII Rule 4 CPC read with Order XXVI Rule 1 CPC seeking appointment of an Advocate Commissioner to record the evidence of Sri P.V.Ramana Reddy, Finance Manager, Hotel Marriott, Hyderabad, as a witness. The said request was considered and the same was allowed by order, dated 21.09.2010. But, however, on the ground that the petitioner and his witness are not cooperating to execute the warrant to record the evidence of the witness at his place of work in Hyderabad, the learned Senior Civil Judge, Kavali, by docket order, dated 25.01.2011, recalled the warrant. In this revision petition, it is the case of the petitioner that the Advocate Commissioner has given the date to examine the witness on 02.10.2010, which is a national holiday and that without consulting the counsel to execute the warrant as per order, dated 19.11.2010, the Commissioner has made a statement to the Court to the effect that as if the petitioner is not cooperating to execute the warrant. On the other hand, it is submitted by the learned counsel appearing for the respondent/plaintiff that though there was another attempt made by the Advocate Commissioner by giving notice to the counsel, there was no cooperation for examination of witness at Hyderabad as such the Commissioner was constrained to make a statement before the Court that the petitioner is not cooperating to execute the warrant. The petitioner produced typed copy of docket orders, dated 21.09.2010, 21.10.2010, 19.11.2010 and 25.01.2011. I have also perused typed copy of docket order, dated 25.01.2011. Although it is submitted by the learned counsel appearing for the respondent that the Advocate Commissioner communicated to the counsel for the petitioner for giving further date after 02.10.2010, the same was not considered by the Court below. It is also submitted by the learned counsel appearing for the respondent that the Advocate Commissioner’s fee was not paid by the petitioner. From a perusal of docket order, dated 25.01.2011, it appears, the said order was passed on the statement made by the Commissioner, who appeared in person, to the effect that the petitioner is not cooperating to execute the warrant. Whether the Commissioner was given any further date to record the evidence after 19.11.2010 is a matter, which is not considered by the Court below. Although it is submitted by the learned counsel appearing for the respondent/plaintiff that further dates were given by the Advocate Commissioner, as much as the same is not considered by the Court below, I am of the view that that it is a fit case to reconsider the matter afresh by the Court below. Accordingly, docket order, dated 25.01.2011, is set aside on condition of petitioner paying the Advocate Commissioner’s fee within a period of two (2) weeks from today to the Advocate Commissioner directly or depositing the same to the credit of O.S.No.125 of 2008. On such deposit, the Advocate Commissioner is entitled to withdraw the same. The learned Senior Civil Judge, Kavali, is directed to hear the learned counsel for both the parties, consider the matter afresh and pass appropriate orders, within a period of six (6) weeks from today. The Civil Revision Petition is allowed with the directions indicated above. No order as to costs. _______________________ R.SUBHASH REDDY, J 30th APRIL, 2011. Note:issue c.c. in three(3) days. kvni