C.R.P No. 2877 of 2010 · Andhra Pradesh High Court

The 1st respondent filed O.S.No.221 of 2000 in the Court of I Additional District Judge, Ranga Reddy District at L.B.Nagar, against the petitioner and respondents 2 to 42, for the relief of specific performance of an agreement of sale. The trial of the suit commenced and the recording of evidence on the part of the 1st respondent is said to have been concluded. The petitioner is an old woman of 81 years. She filed I.A.No.1040 of 2010, under Order XXVI Rule 1 of C.P.C., with a prayer to appoint an Advocate-Commissioner, to record her evidence. The

I.A. was allowed, on 04.03.2010 and one Mr.J.Indravardhan Goud, was appointed as Commissioner, to record the evidence. The petitioner states that the said advocate did not at all cooperate in the matter of recording of evidence, so much so a memo had to be filed for change of the Commissioner. The advocate, on the other hand, stated before the Court that the petitioner is not cooperating with the recording of evidence. Taking these facts into account, the trial Court passed a docket order, dated 28.06.2010, directing that the evidence of the petitioner shall be recorded in the Court itself. The same is challenged in this C.R.P. Heard learned counsel for the petitioner and learned counsel for the 1st respondent. Obviously, by taking into account the age and inability of the petitioner, the trial Court appointed a Commissioner to record her evidence. Neither the advocate was happy with the petitioner, nor the petitioner was comfortable with the Advocate-Commissioner, in the matter of recording of evidence. When a memo was filed by the 1st respondent, the trial Court ought to have examined the same and taken remedial steps. Though this Court discourages the practice of recording of cross-examination through advocates, the age of the petitioner justifies the same. Hence, the C.R.P. is allowed, and the order under revision is set aside. The trial Court is directed to appoint another Advocate- Commissioner for recording of cross-examination of the petitioner, which, in turn, shall be completed within one week from the date of appointment of the Commissioner and the parties shall cooperative for the same. There shall be no order as to costs. ______________________ L.NARASIMHA REDDY, J Dated:13.08.2010 Note: Furnish C.C. in three days. (B/o) GJ