Kondamuri Satyavathi, West Godavari Dist v. Kammula Subhashini Devi, Hyderabad And ANR

THE HON'BLE DR. JUSTICE B.SIVA SANKARA RAO CIVIL REVISION PETITION No.2303 of 2014 ORDER:

This Civil Revision Petition is filed by the petitioner/ defendant No.1, aggrieved by the order dated 16.04.2014 in I.A.No.512 of 2013 in O.S.No.73 of 2008 passed by the Senior Civil Judge, Bhimavaram, West Godavari District.

Leave apart of the very purpose shown infructuous from commissioner executed the warrant by recording evidence of PW.1 cross examination on 14.06.2014 itself and submitted a report on 15.06.2014, there is nothing even any illegality or impropriety in the order of the lower Court in appointing an advocate commissioner that too when Order XVIII Rule 19 says the Court got discretion to appoint an advocate commissioner to record evidence of any party without even application as contemplated by Order XXVI Rule 4A C.P.C.

Accordingly, the Civil Revision Petition is disposed of. Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence. There shall be no order as to costs. _________________________ DR.B.SIVA SANKARA RAO, J Date: 11.12.2017 pab