Heard Shri Nitin Sardessai, learned counsel appearing for the petitioner and Shri P. A. Kamat, learned counsel appearing for the respondents.

2. Rule. Heard forthwith by consent of the learned Counsel.

3. The learned Counsel appearing for the respondents waives service.

4. The above petition challenges an order dated 09.08.2012 passed by the learned Civil Judge Senior Division, Quepem, in Regular Civil Suit No. 59/2006 whereby an application filed by the petitioner for appointment of a commissioner/officer for examining the petitioner by tendering an affidavit in evidence and to admit the documents in evidence under Order 18 Rule 4 and Order 26 Rule 1 of the Civil Procedure Code at Exhibit 40 came to be dismissed.

5. The petitioner filed an application on the ground that the petitioner is more than 87 years old and has undertaken two by-pass surgeries and at present he is confined to his house at Cacora Curchorem, Goa and his movements are totally restricted. It is further his contention that the petitioner and his wife are residing together and all his sons are residing separately on account of their uncordial relationship. It is further his case that on account of wrongf