THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4407 OF 2011 30.11.2011 Between: Gunnam Subba Rao …Petitioner AND Putta Venkayya Chowdary and others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO CIVIL REVISION PETITION No.4407 OF 2011 ORDER: The petitioner herein is the plaintiff. He instituted suit being O.S.No.67 of 2008 on the file of the Court of the XI Additional District Judge (Fast Track Court), Kakinada, for recovery of a sum of Rs.12,79,000/-. The suit is at the stage of trial. He filed I.A.No.612 of 2011 for appointment of an advocate commissioner for the purpose of cross-examination of P.W.2, whose affidavit in lieu of chief examination is filed. In the said application, the petitioner alleged that P.W.2 is aged 76 years and is suffering from joint pains, Asthama and high blood pressure and therefore, he is not able to climb up and climb down the stairs from his house situated in second floor. His application was dismissed in the Court below. Aggrieved by which, the present civil revision petition is filed. Counsel for the petitioner would submit that as per the decision of the Supreme Court in Salem Advocate Bar Association (II) v Union of India [1] , while exercising jurisdiction under Order 18 Rule 4(2) of the Code of Civil Procedure, 1908 (CPC), the Court has to apply mind. But the Court below did not apply mind while dismissing the application. The submission cannot be accepted. The petitioner gave two reasons for appointment of advocate commissioner for the purpose of cross-examination of P.W.2. One is that he is aged 76 years suffering from joint pains, ashtama and high blood pressure. This is not substantiated by producing medical evidence. Secondly, there was no allegation that even though P.W.2 is aged 76 years, he was not discharging his duty as Purohit. Both these grounds are genuine for refusing to exercise discretion under relevant provisions of CPC. This Court does not find any grave error apparent on the face of record. The civil revision petition is accordingly dismissed without costs. _______________ (V.V.S.RAO, J) 30.11.2011 Pln [1] (2005) 6 SCC 344 : AIR 2005 SC 3353