IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.3501 of 2010 Between: Naseer Ahamed & others. ..... Petitioners AND S. Noor Jahan & others .....Respondents Counsel for the petitioners : Sri T.S. Anand Counsel for the respondents: None The Court made the following : THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY CIVIL REVISION PETITION No.3501 of 2010 ORDER: This civil revision petition arises out of order dated 20.07.2010 in O.S.No.14 of 2008 on the file of the Special Judge for Trial of cases under SC/ST (POA) Act-cum-VI Additional District and Sessions Judge, Kurnool (for short, “the lower Court”). I have heard Sri T.S. Anand, learned counsel for the petitioners. Though served, respondent No.1, who is the plaintiff in the abovementioned suit and the sole contesting respondent in this revision, has not entered appearance. At the hearing, neither respondent No.1 nor any one on her behalf represented her. The petitioners are defendant Nos.4 to 7 in O.S.No.14 of 2008 filed by respondent No.1. Respondent No.1 has filed affidavit in lieu of her chief-examination on 26.03.2009. Evidently, on the next date of adjournment, she was not present. Therefore, the case was adjourned to 20.07.2010 on her paying costs of Rs.100/-. On the said date, the costs were paid by respondent No.1 and she was present for her cross-examination, but the petitioners, who are the contesting defendants, were not ready. The lower Court has appointed Sri G.Chinna Lakshmaiah as Advocate Commissioner to record the cross- examination of respondent No.1. This order is assailed in this revision. At the hearing, Sri T.S. Anand, learned counsel for the petitioners, submitted that the lower Court has passed the impugned order appointing the Advocate Commissioner even without there being an application filed by respondent No.1 for that purpose. He further submitted that only in exceptional cases, the Courts permit cross- examination by commission. Order XXVI of the Code of Civil Procedure, 1908 deals with appointment of commissions to examine witnesses. Under Rule 1, the Court is vested with the discretion to issue a commission for the examination on interrogatories or otherwise of any person residing within the local limits of its jurisdiction who is exempted under the Code from attending the Court or who is from sickness or infirmity unable to attend it. Proviso to the said Rule envisages that a Commission for examination on interrogatories shall not be issued unless the Court, for reasons to be recorded, thinks it necessary so to do. The abovementioned provision clearly limits the circumstances under which commissions are issued for examination of witnesses. Even though the provisions of Order XXVI were amended in the year 1999, which came into effect from 01.07.2002, they do not permit the Courts to freely exercise the discretion vested in them without assigning proper reasons for such cross-examination. A perusal of the impugned order shows that no reasons whatsoever have been assigned by the lower Court for appointment of an Advocate Commission. Ordinarily, if the witness is cross-examined in the presence of the Judge in the Court, the Judge will have the advantage of examining the demeanor of the witness. Such advantage is lost if this task of cross-examination is entrusted to commission. The Courts deprecated the practice of appointing commissioners for cross-examination as a matter of course. In my opinion, the impugned order, which is passed even without a formal application filed by respondent No.1 and which does not contain any reason for appointment of an Advocate Commissioner, cannot be sustained. The impugned order is accordingly set aside and the civil revision petition is allowed. As a sequel to disposal of the revision in the manner indicated above, CRPMP.No.4681 of 2010 filed by the petitioners for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 24.09.2010 ES