THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA W.P.No.10673 of 2011 ORDER: (PER BPR,J) This writ petition is filed assailing the correctness of the order of the District Consumers Forum II, Visakhapatnam in I.A.No.326 of 2010 in C.C.No.63 of 2009 dated 24.01.2011. The said I.A. was filed by the second respondent herein to appoint a Commissioner for the purpose of recording the cross examination of one K. Ravi Kumar, a Consultant Civil Engineer cum Licensed Surveyor of Greater Visakhapatnam Municipal Corporation and Urban Development Authority of Visakhapatnam, who is a third party. It is the contention of the learned counsel for the petitioner that the person who is now sought to be cross-examined has not been cited as a witness before the Court below and hence, no Commissioner can be appointed. Having regard to the fact that the said third party has filed an affidavit in lieu of his chief examination, the said affidavit cannot be taken as evidence unless he is cross-examined. Therefore, we do not see any reason to interfere with the order of the District Forum and hence, the writ petition is liable to be dismissed. Accordingly, the writ petition is dismissed. No costs. B.PRAKASH RAO,J B.N.RAO NALLA,J Dt. 19.04.2011 lvl THE HON’BLE SRI JUSTICE B.PRAKASH RAO AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA W.P.No.10673 of 2011 (PER BPR,J) Dt. 19.04.2011