A. Ramalingeswara Rao, J.

1. The petitioner herein is the defendant in O.S. No. 89 of 2014 on the file of the learned III Additional District Judge, Bhimavaram, West Godavari District. The respondent herein filed the said suit for recovery of an amount of Rs. 24,58,000/- from the petitioner herein. In the said suit, the Court suo motu appointed an Advocate Commissioner to mark the documents and record the evidence of plaintiff, by its order dated 16.7.2015. Challenging which, the present civil revision petition was filed. The relevant portion of the order reads as under:

"Whereas it is deemed requisite for the purpose of this suit an Advocate Commissioner be appointed to mark the documents and record the evidence of plaintiff by name Darla Srinivas, S/o. Bangaraih, Age: 40 Yrs., Business, R/o. Flat No. 7, Dwaraka Homes, Srirampuram, Bhimavaram-2, W.G. Dt., you are hereby appointed as an Advocate Commissioner. The Advocate Commissioner is directed to issue notices to both parties before examination and you are permitted to take the relevant documents from the office.

Your fee is fixed at Rs. 2,000/- (Rupees two thousand only) tentatively payable be the plaintiff directly to you and you are directed to file the deposition alongwith report by 7.8.2015."

2. Order 26 of the Code of Civil Procedure (for short, 'the CPC') deals with commissions. Rule 1 of the said order reads as follows:

1. Cases in which Court may issue commission to examine witness--Any Court may in any suit issue a commission for the examination on interrogatories or otherwise of any person resident within the local limits of its jurisdiction who is exempted under this Code from attending the Court or who is from sickness or infirmity unable to attend it:

Rules 2, 3 and 4 of Order 26 CPC have to be read along with Rule 1. Rule 4-A was introduced by way of amendment w.e.f. 1.7.2002 and it reads as follows:

"4-A. Commission for examination of any person resident within the local limits of the jurisdiction of the Court:--Notwithstanding anything contained in these rules, any Court may, in the interest of justice or for the expeditious disposal of the case or for any other reason, issue commission in any suit for the examination, on interrogatories on otherwise, of any person resident within the local limits of its jurisdiction, and the evidence so recorded shall be read in evidence."

3. A perusal of Rule 1 or Rule 4-A of Order 26 CPC shows that the Court cannot appoint an Advocate Commissioner without assigning any reasons. A perusal of the impugned order does not show the reason, which prompted the lower Court to appoint an Advocate Commissioner for examination of the plaintiff. As per the cause title, the plaintiff is aged 40 years and he is a resident of Bhimavaram, within the jurisdiction of the lower Court.

4. In the circumstances, the impugned order passed by the lower Court on 16.7.2015 is set aside. Accordingly, this civil revision petition is allowed. No order as to costs. Miscellaneous petitions, if any, pending in this civil revision petition shall stand closed.