HIGH COURT OF JUDICATURE OF ANDHRA PRADESH THE HONOURABLE SRI JUSTICE V.ESWARAIAH CIVIL REVISION PETITION NO. 4692 OF 2010 Friday, the Ninth day of September, Two Thousand and Eleven Between Nandyala Kusuma Haranadha Babu Reddy Petitioner AND Sanivarapu China Narapa Reddy and another Respondents ORDER: The petitioner herein is the plaintiff. He filed I.A. No. 540 of 2010 in O.S. No. 75 of 2008 under Order 26 Rules 4 and 9 CPC for appointment of an Advocate Commissioner to record the evidence of his daughter – PW-2 on the ground that he has already filed her chief affidavit, who is a medical practitioner and busy with the profession and that she has recently fell sick and unable to attend the court to give evidence. Hence, for the just disposal of the case, it is necessary to examine her on Commission, as she is unable to attend the court. A counter is filed before the court below stating that the daughter of the petitioner is in an able state to attend the court and residing in the town and she can as well come to the court. It is also stated that busy medical practitioners can also attend the court and that no document is filed evidencing her ill-health. The court below dismissed the application observing that no proof is filed to show that the witness fell sick and unable to attend the court to give evidence. The busy-ness of the doctor cannot be considered as a ground to appoint an Advocate Commissioner. Therefore, I do not see any infirmity, legal or otherwise, warranting interference in the order impugned. Consequently, the Revision Petition fails and is accordingly dismissed. No order as to costs. However, it is open for the petitioner to file a fresh application seeking appointment of the Advocate Commissioner justifying the circumstances warranting appointment of an Advocate Commissioner. ___________________ Justice V.Eswaraiah September 9, 2011 MAS