Mallina Venkata Rao v. Mallina Ramesh

HON'BLE SRI JUSTICE S.V.BHATT C.R.P. No.1582 OF 2013 ORDER:

Defendants 2 and 3 filed I.A. No.478 of 2013 for appointment of Advocate Commissioner to record cross-examination and re-examination of revision petitioner at his residence. The learned trial Judge through the order impugned in the CRP rejected the request. Hence the CRP.

The reasons assigned by the trial Court are apt and correct as well. The revision petitioner cannot as a matter of course ask for appointment of Advocate Commissioner for cross-examination / reexamination etc. The revision petitioner since failed to make out special circumstances for exercising the discretion in his favour and particularly when no infirmity is pointed out in the order under revision, this Court is satisfied that revision fails and is accordingly dismissed. The trial Court is directed to dispose of the suit as expeditiously as possible, preferably within two months from the date of receipt of a copy of this order. The trial Court considers taking trial on day-to-day basis and, if parties do not cooperate, records reasons and proceeds in the matter in accordance with law.

No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. _________________ S.V.BHATT, J Date:11.09.2018 Stp