IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TEN PRESENT HON'BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No.1705 of 2010 Between: Palleti Ganga Raju … Petitioner And Palleti Pedda Abbulu and two others. … Respondents This Court made the following: HON’BLE SRI JUSTICE A.GOPAL REDDY CIVIL REVISION PETITION No. 1705 OF 2010 ORDER:- Petitioner/plaintiff after closer of the evidence on both the sides and when the matter is coming up for arguments in O.S.No.134 of 2006 on the file of Principal Junior Civil Judge, Pithapuram filed I.A.No.884 of 2009 seeking permission to examine his son by name Ramana on his behalf, to mark and prove the documents already filed into the Court and to treat his son’s evidence as his evidence. On dismissal of the I.A. by the trial Court on 05.02.2010, the present revision is filed under Article 227 of the Constitution of India. Learned counsel for the petitioner contends that once the petition filed by his Advocate to recall the petitioner to mark those documents are allowed, it is incumbent upon the Court to permit his son to be examined in his place and to treat his evidence as his evidence, since he being an aged person and his speech has been effected due to the old age. But it is nowhere stated in the affidavit filed in support of the I.A., that due to the old age his speech has been effected and he is unable to understand the intricacies of the document, except stating that he being an illiterate person, intended to examine his son on his behalf and to mark those documents and as per law, due to his age and illiteracy he is entitled to examine his son on his behalf. In the absence of any evidence, petitioner cannot take the aid of Section 119 of the Indian Evidence Act, 1872 to examine his son in his place. In view of the same, no infirmity is discernable with the discretion exercised by the trial Court in dismissing the impugned I.A., warranting interference by this Court. If the petitioner chooses, he can always examine himself to prove the document. Accordingly, the civil revision petition is dismissed. No costs. __________________ A.GOPAL REDDY, J 23rd April 2010 Lmv