THE HON'BLE SRI JUSTICE GHULAM MOHAMMED CIVIL REVISION PETITION NO.1970 OF 2010 ORDER: The petitioner filed this revision under Article 227 of the Constitution of India, inter alia, seeking to assail the order dated 25.03.2010 in I.A.No.176 of 2010 in O.S.No.149 of 2008 on the file of the IV Additional District Judge, Guntur, in allowing the said petition filed under order XXVI Rule 9 of the Code of Civil Procedure, 1908, seeking to appoint Advocate-Commissioner to record his evidence. The case of the petitioner is to the effect that he filed the suit for injunction and at present he is aged about 77 years and residing at Tirupathi. He is suffering from hypertension, intractable vertigo and cannot travel up to Guntur and hence, requested that an Advocate- Commissioner be appointed to record his evidence at Tirupathi, where he is presently staying. The Court below considered the said application mainly on the ground that the petitioner is sufficiently old. Further, the Court below being a Special Court for trial of offences under SCs and STs (POA) Act, could not effectively and expeditiously record the evidence and felt it desirable to appoint Advocate Commissioner. Hence, the Court below appointed an Advocate-Commissioner to record the evidence of the petitioner at Guntur by fixing costs of Rs.6,000/-, having regard to the fact that the petitioner very recently travelled from Guntur to Tirupathi when the suit is filed. Hence, the revision. Considering the submissions made on either side and on perusal of the material available on record, it is seen that the fact remains that the petitioner is sufficiently old, leaving aside the ailments mentioned. Hence, it is felt desirable to appoint Advocate Commissioner to examine the petitioner at Tirupathi on imposing costs. Accordingly, the Civil Revision Petition is allowed on payment of costs of Rs.3,000/- {Rupees three thousand only} in addition to the costs already directed to be paid by the parties by the Court below including the costs now granted. The order dated 25.03.2010 I.A.No.176 of 2010 is modified to the effect that the Advocate Commissioner is appointed to examine the petitioner at Tirupathi. _____________________ (GHULAM MOHAMMED, J) 16th December 2010 RRB/NRG