RAYALA UMAMAHESWARA RAO Vs. DANTULURI NARASIMHA MURTHY RAJU

JUDGEMENT

(1.) Heard the learned counsel for the parties. On an application filed in a suit the trial Court appointed an Advocate Commissioner to record the evidence of an Expert on Commission, against which this revision petition has been filed.

(2.) Prima facie this Court finds that the endorsement made by Sri D.D. Goel, Government Examiner on his letter bearing No. BH-55/2001/2314, Dt.22-6-2001 accompanying his opinion, is contemptuous. In his endorsement at para No. 3 of the letter addressed to the I-Addl. Junior Civil Judge, Vijayawada, Sri D.D.Goel, Government Examiner stated that, should evidence be necessary in this case, the opinion, No, or this letter reference be quoted in all correspondence and it may be recorded on Commission at Hyderabad............" This Court finds that it is not the choice of a witness that his statement be recorded either on Commission or in the open Court. This appears prima facie to be interference in the discharge of judicial funticons of a subordinate Court. Let a notice go to Sri D.D. Goel, Government Examiner, Bureau of Police Research and Development. CFI's Complex, Ramanathapur, Hyderabad. The impugned order passed by the I-Addl. Junior Civil Judge, Vijayawada is absolutely illegal, as he has in a way failed to exercise the jurisdiction vested in him. If the Court wanted anybody to appear as a witness in the Court, it was for it to decide whether that witness should appear in the Court or he should be examined on Commission. Examining the witnesses on Commission are governed by well settled principles of law and it is not a ground that a witness does not want to appear in the Court. The trial Court noted, "on perusal of the letter addressed by the Expert, he has categorically mentioned that the evidence of expert may be recorded on appointment of Commissioner at Hyderabad." So it appears that as if the I-Addl. Junior Civil Judge, Vijayawada was working as a subordinate of the Expert and was following the directions given by the Expert.

(3.) For these reasons the order impugned in this revision petition cannot sustain and is accordingly set aside. The witness Sri D.D. Goel is directed to appear before the I-Addl.Junior Civil Judge, Vijayawada for getting his testimony recorded on 21-12-2001. The order shall be communicated by the Registry directly to the witness. The parties are informed of the date through their respective counsels. The revision petition is accordingly disposed of. Ordered accordingly.