THE HON’BLE SRI JUSTICE G.CHANDRAIAH C.R.P.NO.2235 OF 2011 O R D E R Heard both the counsel. 2. The plaintiff filed the suit in O.S.No.139/2009 on the file of I Additional Senior Civil Judge, Nellore for permanent injunction. During the course of trial, after filing of the chief affidavit of the plaintiff, the case is coming for the cross-examination of the plaintiff. On the ground that she is aged about 67 years and suffering from different ailments, she filed I.A.No.291/2011 seeking appointment of an advocate commissioner to record her cross-examination. By the impugned order dated 19.4.2011, the trial court dismissed the said I.A., on the ground that there is no proof, to support the case of the petitioner that she is suffering from ailments, is filed. 3. Before this court, the learned counsel for the petitioner reiterated the averments made in the affidavit filed in support of the I.A.No.291/2011 and along with the revision, he also filed medical history of the petitioner and stated that these documents would clinchingly show that the petitioner is suffering from age related ailments and hence, as provided under Order 26,Rule 9 of C.P.C. the court below ought to have appointed an Advocate Commissioner to record the cross-examination of the petitioner/plaintiff. 4. The learned counsel for the respondents submitted that as the plaintiff failed to substantiate her case before the court below for appointment of an Advocate Commissioner, the court below rightly dismissed the I.A. and there are no grounds to interfere with the impugned order. 5. The documents which the petitioner sought to file before this court were not made available before the court below. Hence, having regard to the facts and circumstances and without going into the merits of the case, the impugned order is set aside and the matter is remitted back to the court below to pass orders afresh in accordance with law by taking into consideration the documents, to be filed by the petitioner with regard to her ailments. 6. The revision is accordingly disposed of. No costs. AVS ------------------------------ 27—09—2011