HONOURABLE SRI JUSTICE B.PRAKASH RAO CIVIL REVISION PETITION No.371 of 2011 Order: Heard both sides. With the consent of the learned counsel for the parties, the main revision itself is taken up for hearing and being disposed by this order. In this revision, the petitioner herein, who is the plaintiff seeks to assail the order dated 31.1.2011 dismissing the application in I.A. No. 304 of 2001 purported to have been filed under Order 26 Rue 4 f C.P.C. The petitioner filed the said application seeking appointment of a Commissioner to record the evidence of P.W.1 at the residence of the petitioner having regard to the health condition and illness of P.W.1. However, the Court below, by the impugned order, dismissed the said application. Hence, the present revision. Learned counsel for the petitioner contended that even though he filed the medical certificate before the Court below to prove the ill health of P.W.1, the Court below did not take the same into consideration and erroneously dismissed the application. Perused the impugned order. The Court below while taking into consideration the nature of the dispute and the demeanor of the witness in the witness box, declined to appoint a Commissioner for recording the evidence of P.W.1. Under the circumstances, I do not find any reason to interfere with the discretionary order passed by the Court below. The revision petition fails and it is accordingly dismissed and PW.1 shall appear before the Court below after two weeks from today. However, it is left open for the Court below to take appropriate decision with regard to examination of P.W.1 through commission after appearance of the said witness in the Court. The revision petition is accordingly dismissed at the admission stage. No costs. ________________ B. PRAKASH RAO,J Date: 18th February, 2011 Note: Furnish c.c. in three days. B/o pnb