HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH FRIDAY, THE FIFTH DAY OF SEPTEMBER TWO THOUSAND AND FOURTEEN PRESENT THE HONOURABLE SRI JUSTICE G.CHANDRAIAH C.R.P. No.2936 of 2014 Between:
Mandala Jaya Syamala Rao and another … Petitioners And Palakurthi Satya Hara Gowri Sankara Rao … Respondent THE HONOURABLE SRI JUSTICE G.CHANDRAIAH C.R.P. No.2936 of 2014 ORDER:
This revision petition has been filed against the order dated 11.07.2014 passed in I.A. No.175 of 2014 in O.S. No.84 of 2009 on the file of Assistant Sessions Judge (Senior Civil Judge) at Chodavaram.
I.A. No.175 of 2014 in O.S. No.84 of 2009 was filed under Order XXVI Rule 4(1)(a) read with Section 151 CPC by the respondent herein against the petitioners herein requesting the Court below to appoint an Advocate- Commissioner to record the cross examination of petitioner (P.W1) since, he under-went open hear surgery at Hyderabad during the month of August, 2014. It was also averred that on 30.03.2014 he fell down in bathroom and sustained an invisible injury and he was advised by the Doctor to take bed rest. In support of his case, he filed sick certificate issued by the Doctor along with the petition.
Revision petitioners, who are respondents in the said application, denying the averments made in the said application, filed counter affidavit.
After hearing the learned counsel on either side, the Court below allowed the application and appointed Sri R.S.P. Naidu as an Advocate- Commissioner to record the cross examination of P.W.1 on or before 05.08.2014. Challenging the same, revision petitioner filed the present revision petition.
The learned counsel for the petitioner submitted that the medical certificate submitted by the respondent herein does not disclose the nature of injuries sustained by the P.W.1 and the medical tests conducted for advising him to take bed rest. Without proper appreciation of the evidence on record, the Court below committed an error in appointing an Advocate-Commissioner for recording the cross examination of P.W.1. Therefore, the impugned order may be set aside.
Heard the learned counsel for the petitioner and perused the material on record.
From a perusal of the record, the respondent herein is 70 years old and averred that he under-went open heart surgery. Further, it is also averred that he fell down in bathroom and sustained injury and therefore, the Doctor advised him to take bed rest. In support of his case, he filed sick certificate issued by the doctor. There is nothing on record doubting the medical certificate issued by the Doctor. Therefore, the certificate issued by the doctor can be sustained and therefore, I am of the view that the Court below did not commit any error in appointing an Advocate-Commissioner.
Having regard to the facts and circumstances of the case, this revision petition is liable to be dismissed and accordingly, same is dismissed. As a sequel, miscellaneous petitions, if any, shall stands dismissed. There shall be no order as to costs.
JUSTICE G.CHANDRAIAH Date: 05.09.2014 LSK