THE HON'BLE SRI JUSTICE B.SESHASAYANA REDDY CIVIL REVISION PETITION NO.4817 OF 2009 ORDER: This revision is directed against the order dated 04.08.2009 in I.A.No.564 of 2009 in O.S.No.239 of 2000 on the file of the Principal Junior Civil Judge, Addanki, whereby and whereunder, the learned Junior Civil Judge dismissed the application filed by the plaintiff under Section 151 of the Code of Civil Procedure, 1908 {CPC}. Notice before admission has been ordered on 15.10.2009. Respondent entered appearance through a counsel. When the Civil Revision petition came up for admission, with the consent of either side, it is taken up for final disposal. Heard the learned counsel appearing for both the parties. Learned counsel appearing for the petitioner submits that the petitioner is seriously ill and therefore, he is not in a position to move out from bed. A further submission has been made that the petitioner’s mental condition is also not good and he is not able to be speak legibly. He is in a position neither to speak nor understand things in a proper perspective. Learned counsel for the petitioner took me to para- 5 of the affidavit filed in support of I.A.No.564 of 2009, which reads as under. “I further submit that while so the matter came up for trial. I submit that I am now aged about 79 years and am suffering with brain Paralysis and my mental condition also is not good and I am neither able to speak legibly nor understand things in their proper perspective. I am completely confined to bed and under treatment. Since the matter came up for trial, I am not in a position to attend the Honourable Court to permit me to lead evidence on my side through my son. I have got good case to succeed in the suit. I have no other latches on my part except my disability to attend the Honourable Court and speak legibly and understanding things correctly. Hence, this petition.” The respondent-defendant filed counter resisting the application filed by the petitioner. It is stated in the counter that the petitioner is hale and healthy and is able to speak and his mental condition is also good. Learned counsel appearing for the respondent-defendant submits that the son of the petitioner cannot be permitted to give evidence, as he can depose facts, which are only within his knowledge. There would not be any objection with regard to acceptance of the contentions advanced by the respondent. Order XVIII Rule 3A CPC reads as under. “Where a party himself whishes to appear as a witness, he shall so appear before any other witness on his behalf has been examined, unless the Court, for reasons to be recorded, permits him to appear as his own witness at a later stage”. The very fact that the petitioner moved the application to examine his son in his place indicates that he does not choose to examine himself as a witness. In such a case, there cannot be any impediment in permitting the son of the petitioner as a witness to depose the facts, which are within his knowledge. Accordingly, the Civil Revision Petition is allowed at the admission stage setting aside the order dated 04.08.2009 in I.A.No.564 of 2009 in O.S.No.239 of 2000 on the file of the Principal Junior Civil Judge, Addanki. Consequently, I.A.No.564 of 2009 stands allowed permitting the petitioner to examine his son as witness to depose the facts, which are within his knowledge. There shall be no order as to costs. _______________________ (B.SESHASAYANA REDDY, J) 22nd January 2010 RRB