IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND ELEVEN PRESENT HON'BLE SRI JUSTICE N.V.RAMANA CIVIL REVISION PETITION No.4669 of 2011 Between: Ghouse Mohidden Saheb @ Pullur Saheb, S/o Farid Saheb,75 years, residing at Mandapam street, Karvetinagaram town, ChittoorDistrict. . ...Petitioner-Respondent-Defendant And P.Subhan Khan, S/o Late Basha Saheb,65 years, Prop. Basha Beedi Factory & Landlord, residing at Karvetinagaram town, Chittoor District. .. Respondent-petitioner-Plaintiff HONOURABLE SRI JUSTICE N.V.RAMANA C.R.P.No.4669 of 2011 ORDER: This Civil Revision Petition is filed against the order of the learned Principal Junior Civil Judge, Puttur, dated 26.09.2011 allowing I.A.No.643 of 2011 in O.S.No.50 of 2002 filed by the plaintiff, who is the respondent herein. Respondent-plaintiff filed the aforesaid suit against the petitioner- defendant for specific performance of agreement of sale dated 15.07.1993. In the said suit, as per the orders of the Court below, the evidence of the plaintiff was recorded by the advocate commissioner on 09.08.2003 as he fell sick. Subsequently, on the application filed by the defendant, the suit was reopened and the plaintiff was asked to appear before the Court below for the purpose of further cross-examination. At that stage, the respondent-plaintiff filed the present I.A.No.643 of 2011 seeking to appoint an advocate commissioner to examine him for the purpose of further cross-examination on the ground of ill health. The petitioner-defendant contested the said application by filing counter inter alia contending that the respondent-plaintiff is hale and healthy and he filed the present petition only to drag on the case without any justification. The trial Court, on a consideration of the entire material available on record, allowed the said application on certain conditions by order dated 26.09.2011. It is against this order, the present Civil Revision Petition is filed by the petitioner- defendant. Learned Counsel for the petitioner-defendant submits that the respondent-plaintiff is very much attending in relation to a criminal case in C.C.No.25 of 2004 pending on the file of the Judicial Magistrate of First Class, Puttur, and as such it clearly shows that he is hale and healthy. He further submits that no prejudice would be caused to him to be present before the Court below for his further cross-examination. Learned Counsel for the respondent-plaintiff, while supporting the impugned order of the trial Court, contends that respondent-plaintiff is bed- ridden due to severe diabetes and heart-ailment and he is not in a position to attend the Court below and therefore, he filed the present application for appointment of an advocate-commissioner for his further-cross-examination. I have perused the order under revision. The suit is of the year 2002. In the said suit, the evidence of the plaintiff was recorded by the advocate commissioner on 09.08.2003 as he is unable to attend the Court due to ill- health and that the suit was posted for further cross-examination of the plaintiff. In the affidavit filed in support of the petition, it is stated by the respondent- plaintiff that he is under treatment and regular medical check-up by Dr.Mohan Diabetes Specialist, Apollo hospital, Chennai, since May, 2011 and he is not in a position to attend the Court and therefore, he filed the application for appointment of an advocate-commissioner for his further cross-examination. In support of the same, he filed the medical certificate issued by the doctor, who advised him to take bed rest for a period of three months. Therefore, this Court does not find any ground to interfere with the order of the trial Court, which has given cogent and convincing reasons for allowing the present application, filed by the respondent-plaintiff. The impugned order does not suffer from any material irregularity or illegality. I find no merit in this revision and the Civil Revision Petition is accordingly dismissed. No order as to costs. ______________________ JUSTICE N.V.RAMANA 18.11.2011 Gsn.