THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P. No.1066 of 2009 Date of Order: 27-04-2011 Between: M/s.Tulluri Chit Fund Pvt. Ltd. Rep.by its Managing Director ..Petitioner and 1.Bolisetty Bapanaiah and others ..Respondents The Court made the following Order: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY C.R.P.No.1066 of 2009 Oral order: Petitioner/plaintiff filed this revision to revise the order of the II Additional Senior Civil Judge, Vijayawada in dismissing I.A.1330 of 2003 in O.S.No.485 of 2001 dated 19-02-2009 filed to appoint an advocate commissioner to record the evidence of P.W.1. Petitioner claiming to be the Managing Director of Plaintiff— Company examined in chief as P.W.1. Subsequently as she was suffering from ill-health due to backache, she could not move from the bed and she filed a petition—I.A.No.927 of 2007 for appointment of advocate commissioner to record her evidence. The said petition was allowed appointing an advocate commissioner to record her evidence. As the advocate could not execute the warrant, she filed the present I.A. to change the advocate commissioner by entrusting the warrant to another commissioner. Meanwhile, the Court directed the advocate commissioner to return the warrant. Therefore, a new advocate commissioner may be appointed to record her evidence. In the affidavit filed by the clerk on behalf of the plaintiff—Company it was stated that P.W.1 was examined on 04-08-2003 and since then she has not appeared before the court from 2004 onwards i.e. more than 5 years and petition filed by her clerk of the plaintiff—Company cannot be entertained and dismissed the same. Learned counsel for the petitioner contends that once the lower court satisfied the contention of the petitioner and appointed the advocate commissioner, ought not to have dismissed the I.A.No.1330 of 2008. By producing the medical certificate issued by Dr.K.Lingaiah, the learned counsel contends that the petitioner should be examined on commission as directed earlier. The medical certificate produced by the petitioner discloses that Smt.Tulluri Prasanna Saraladevi, Managing Director of the plaintiff— Company was under his treatment as an outpatient due to severe low backache from 01-02-2009 to 10-02-1009 and she needs complete bed rest for five (5) weeks. Since the said period is already expired and when comparing to the age of the petitioner back ache cannot be continued. If she is really interested, she can appear before the court and proceed with the examination. In view of the same, this Court does not find any merit in the revision and it is accordingly dismissed. No costs. _________________ A.GOPAL REDDY, J. 27-04-2011 Murthy