Or.26, 9 and sec.151 C.P.C. - appointment of advocate-commissioner for the purpose of recording cross examination as the petitioner not able to be move from bed - No documentary evidence to show his aliment - lower court correctly dismissed the I.A. = PETITIONER RESPONDENT P.RAMABRAHMAM VS DVV GNANA SURYA KUMARI = published in http://hc.ap.nic.in/csis/MainInfo.jsp?mtype=CRP&mno=305&year=2013

Or.26, 9 and sec.151 C.P.C. - appointment of advocate-commissioner for the purpose of recording cross examination as the petitioner not able to be move from bed - No documentary evidence to show his aliment - lower court correctly dismissed the I.A. = 

IA  No.223 of 2012 under Order 26, Rule 3, r/w.Section 151 CPC to appoint advocate-Commissioner to record his evidence and also to mark documents, which was dismissed against which the present civil revision petition is filed. =

Though the petitioner has stated that he has undergone by-pass heart operations twice and suffering with various ailments, no medical record was filed by the petitioner. The RC is of the year 2008.  In the absence of any acceptable evidence adduced, the relief sought for the petitioner cannot granted.     In the circumstances, I do not find any infirmity, legal or otherwise in the impugned order passed by the Court below warranting interference by this Court.

CRP 305 / 2013

CRPSR 1754 / 2013

PETITIONER RESPONDENT P.RAMABRAHMAM   VS DVV GNANA SURYA KUMARI PET.ADV. : TENNETI PRABHU DASU RESP.ADV. :  SUBJECT: ARTICLE 227 DISTRICT:  HYDERABAD

HON’BLE  SRI JUSTICE V. ESWARAIAH

  

CRP  NO.305 of 2013

DATED 8-02-2013

NRG/

HON’BLE  SRI JUSTICE V. ESWARAIAH

CRP  NO.305 of 2013

DATED 8-02-2013

BETWEEN:

P. Ramabrahmam

                                                                                                            ……Petitioner

And

                                               

DVV Gnana Surya Kumari

                                                                        ……Respondent

CRP  NO.305 of 2013

ORDER:

        The petitioner is  a tenant of the respondent.  RC No.227 of 2008 on the file of Addl. Rent Controller, Hyderabad, was filed by the respondent-landlady for eviction.  The petitioner filed the instant IA  No.223 of 2012 under Order 26, Rule 3, r/w.Section 151 CPC to appoint advocate-Commissioner to record his evidence and also to mark documents, which was dismissed against which the present civil revision petition is filed.

        It was  the case of the petitioner that due to ill-health he had to undergo by-pass heart operation twice and the doctors advised him to take complete bed rest and that he is also suffering from old age ailments like hypertension and diabetics. It was also stated that due to un-seasonal weather and allergy he could not move from house and subject himself to cross examination and also mark documents. Counter affidavit has been filed disputing all the averments made by the petitioner. It was stated in the counter that in fact 3^rd parties are induct in the subject property and the 3^rd parties are paying huge rents to the petitioner and the IA has been filed to drag on the matter.  

        Though the petitioner has stated that he has undergone by-pass heart operations twice and suffering with various ailments, no medical record was filed by the petitioner. The RC is of the year 2008.  In the absence of any acceptable evidence adduced, the relief sought for the petitioner cannot granted.     In the circumstances, I do not find any infirmity, legal or otherwise in the impugned order passed by the Court below warranting interference by this Court. The civil revision petition is without any merit and it is accordingly dismissed. No order as to costs.

                                                                          ______________________

                                                                                                V. ESWARAIAH, J    

Dated: 8-2-2013

Nrg.