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2024 Supreme(AP) 38
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
K. Sreenivasa Reddy, J.
Sanka Apparao S/o. Late Venkata Satya Rama Naga Durga Rao - Petitioner
Versus
Kommisetty Rajeswari W/o. Malleswara Rao and ors. – Respondents
Civil Revision Petition No. 885 of 2023
Decided On : 24-01-2024
Advocate Appeared:
For the Petitioner: Marella Radha
For the Respondent: N Ravi Prasad
The court may appoint an Advocate Commissioner to examine a party at their residence if their physical condition justifies it, especially in cases involving old age and health issues.
Headnote:
Advocate Commissioner - Examination of Plaintiff - The court allowed the Civil Revision Petition and directed the appointment of an Advocate Commissioner to examine the plaintiff at his residence due to his old age and eye vision problems.
Fact of the Case:
The petitioner filed a suit for partition and other reliefs. He requested the appointment of an Advocate Commissioner to record his evidence at his residence due to old age and eye vision problems.
Finding of the Court:
The court found that the petitioner's old age and eye vision problems warranted the appointment of an Advocate Commissioner to examine him at his residence. The Civil Revision Petition was allowed, and the Principal Senior Civil Judge was directed to appoint the Advocate Commissioner and dispose of the pending suit expeditiously.
Issues: The main issue was whether the petitioner's old age and eye vision problems justified the appointment of an Advocate Commissioner to examine him at his residence.
Ratio Decidendi: The court considered the petitioner's physical condition and the practical difficulties he faced in attending court due to his old age and eye vision problems. The court also took into account the concession made by the respondent's counsel regarding the petitioner's condition.
Final Decision: The Civil Revision Petition was allowed, and the Principal Senior Civil Judge was directed to appoint an Advocate Commissioner to record the examination of the plaintiff at his residence and dispose of the pending suit expeditiously.
JUDGMENT :
1. This Civil Revision Petition has been filed against the order dated 10.02.2023 passed in I.A.No.322 of 2022 in O.S.No.489 of 2014 on the file of the Principal Senior Civil Judge at Tenali, Guntur District, whereby petition filed by the petitioner/plaintiff under Order XXVI Rule 9 of C.P.C. to appoint an Advocate Commissioner to examine the plaintiff/ petitioner in his house was dismissed.
2. The suit was filed for partition of schedule properties and other reliefs. Pending suit, the petitioner filed I.A.No.322 of 2022 to appoint Advocate Commissioner to record the plaintiff/ petitioner evidence at his residence on the ground that the petitioner is old aged person, underwent cataract operation to his both eyes and also suffering from blurred vision. It is also his case that his two sons are married and living away from him and he is living alone in his house and could not come to the Court due to eye vision problems.
3. Heard both sides.
4. Learned counsel for the petitioner reiterated the averments in the petition, in his arguments.
5. Sri N.Ravi Prasad, learned counsel appearing on behalf of the respondents fairly conceded the fact that the plaintiff is old aged and underwent cataract operation. Apparently, there is no objection on the part of the respondent counsel in appointing Advocate Commissioner to examine the plaintiff/petitioner herein.
6. In view of the said reasons, the Civil Revision Petition is allowed setting aside the impugned order. Consequently, I.A.No.322 of 2022 stands allowed. The Learned Principal Senior Civil Judge is directed to appoint Advocate Commissioner to record the examination of the plaintiff within a period of two (02) weeks from the date of receipt of copy of the order. Further the Principal Senior Civil Judge is directed to dispose of the pending suit as expeditiously as possible, preferably within a period of six (06) months from the date of receipt of copy of the order.
As a sequel thereto, the miscellaneous petitions, if any, pending in this C.R.P shall stand closed.
