THE HON’BLE SRI JUSTICE V. ESWARAIAH CIVIL REVISION PETITION No.222 of 2008 Date: 18.11.2010 Between: Smt. Verupanda Sita Mahalakshmi … Petitioner and Sri Verupanda Sita Ramaswamy and others. … Respondents THE HON’BLE SRI JUSTICE V. ESWARAIAH CIVIL REVISION PETITION No.222 of 2008 ORDER : Heard learned counsel for the petitioner-plaintiff as well as learned counsel for the respondents-defendants. 2. This Civil Revision Petition is directed against the order, dated 18.12.2007, in I.A.No.266 of 2007 in O.S.No.110 of 1997, passed by the Junior Civil Judge, Bheemunipatnam, Visakhapatnam District, in dismissing the application filed by the petitioner-plaintiff under Order 26 Rule 1 of C.P.C., seeking appointment of Advocate-Commissioner to record her evidence. 3. The petitioner-plaintiff filed suit for permanent injunction and the same was posted for her cross-examination. Then she filed an application I.A.No.266 of 2007 seeking appointment of an Advocate- Commissioner to record her evidence on the ground that she is aged 75 years and has been suffering from back pain, Hypertension, unable to sit for more than ten minutes and as such she is almost confined to bed. She also stated that the doctor advised her not to undertake strain and to take bed rest. The said application was resisted by the respondents- defendants. After hearing both sides, the Court below dismissed the said application on the ground that the suit is of the year 1997 and the petitioner-plaintiff has not taken any steps for expeditious commencement of the trial and it shows that she filed her affidavit evidence in the year 2005 and not ready for cross-examination and at a belated stage she filed the present application. Hence the present civil revision petition. 4. It is to be seen that under Order 26 Rule 1 C.P.C., any Court may in any suit issue a commission for the examination of any person residing within the local limits of its jurisdiction who is exempted from attending the Court or who is suffering from sickness or infirmity and unable to attend the Court. Further, the subsequent amendment of Order 26 Rule 4-A and Order 18 Rule 4 provides for expeditious disposal of the suit, recording of evidence by the Advocate- Commissioner except in exceptional cases. In the instant case, the petitioner-plaintiff is suffering from sickness and she is aged about 75 years. Therefore, I am of the opinion that the Court below ought to have liberally considered the case of the petitioner and allowed the application for appointment of Advocate-Commissioner to record her evidence. 5. Accordingly, the civil revision petition is allowed, at the stage of admission, setting aside the impugned order, dated 18.12.2007, in I.A.No.266 of 2007 in O.S.No.110 of 1997, passed by the Court below. There shall be no order as to costs. _________________________ JUSTICE V. ESWARAIAH 18.11.2010. Msr THE HON’BLE SRI JUSTICE V. ESWARAIAH CIVIL REVISION PETITION No.222 of 2008 18.11.2010 (Msr)