THE HON’BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO. 132 of 2010 ORAL ORDER: This Civil Revision Petition has been filed aggrieved by the order-dated 15.12.2009 passed in I.A.No. 11242 of 2009 in O.S.No. 143 of 2007 on the file of VIII Additional District and Sessions Jude (FTC), Guntur. Petitioner herein is the defendant in the suit and he filed I.A.No. 1242 of 2009 under Order 26 Rule 9 & Section 151 CPC seeking to appoint an Advocate Commissioner/or redirect the earlier Commissioner for the purpose of recording the cross-examination of PW-2 at Hyderabad and to pass such other appropriate orders. That application was dismissed by the Court below. Aggrieved by the same, the present Civil Revision Petition is filed. The learned counsel appearing for the petitioner submits that the court below ought to have allowed the petition for examination of PW-1 who is residing at Hyderabad and the court below was not justified in dismissing the application. Heard the learned counsel appearing for the petitioner and also perused the entire material made available on record. As seen from the record, the petitioner- defendant filed a memo on 26.11.2009 requesting the Court to redirect the Commissioner who recorded the cross examination of PW-1 for the purpose of cross-examination of PW-2 as his counsel is residing out of the limits of the court jurisdiction. But the I.A was filed under Order 26 Rule 9 CPC, which does not attract the contingency of the petitioner. Therefore, the court below rightly dismissed the I.A. I see no reasons to interfere with the order passed by the Court below and the Civil Revision Petition is liable to be dismissed. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _____________________________ GHULAM MOHAMMED, J DATE: 26.11.2010 KA