IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD FRIDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TEN PRESENT: THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI * * * CIVIL REVISION PETITION No. 4 1 6 0 OF 2009 Between: B. Ramani Iyer & Anr. … Revision Petitioners V/s. M.Shyamsunder … Respondent Counsel for the Revision Petitioner: Sri S. Ganesh Rao Counsel for the Respondent: Sri B. Vijaysen Reddy THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI CIVIL REVISION PETITION No. 4 1 6 0 OF 2009 O R D E R : Aggrieved by the order dated 29-7-2009 passed in IA.No.718 of 2009 in OS.No. 757 of 2007 by the Second Junior Civil Judge, City Civil Court, Hyderabad, dismissing the application filed under Order XXVI, Rule 4A of the Code of Civil Procedure seeking to appoint Advocate-Commissioner to record the cross-examination of the petitioner by the counsel for respondent-plaintiff in her house, the present Civil Revision Petition has been filed. 2. The main contention of the Revision Petitioner is that the court below committed an error in dismissing the application, since the witness, who is the plaintiff No.1 is aged about 67 years and is not keeping good health and suffering from serious cardiac asthama and obesity and is not in a position to walk upto court and give evidence. Further the court below ought to have seen that after amendment of Code of Civil Procedure the Advocate Commissioner is normally appointed to record the cross-examination of witness in the affidavit in lieu of chief examination is filed, unless it is objected by the parties. 3. Heard the learned counsel for the revision petitioner as well as the learned counsel for the respondent-plaintiff. 4. In view of the peculiar facts and circumstances, the order dated 29-7-2009 passed in IA.No.718 of 2009 in OS.No.757 of 2007 by the II Junior Civil Judge, City Civil Court, Hyderabad, is set aside aside. The respondent is permitted to file counter within two weeks from the date of receipt of a copy of the order and the court below is directed to dispose of I.A.No.718 of 2009 in OS.No.757 of 2007 afresh on or before 30-6-2010 and pass appropriate order on merits and in accordance with law. 5. In the result, the Civil Revision Petition is allowed and the order dated 29-7-2009 passed in IA.No.718 of 2009 in OS.No.757 of 2007 by the II Junior Civil Judge, City Civil Court, Hyderabad, is set aside. However, in the circumstances there shall be no order as to costs. ________________________ JUSTICE T. MEENA KUMARI. 16-04-2010 I s L THE HONOURABLE SMT. JUSTICE T. MEENA KUMARI CIVIL REVISION PETITION No. 4 1 6 0 OF 2009 Circulation Entry No. 4 8 Computer No. 43 Court Master: I s L Date: 16-04-2010