POOLA LAKSHMI NARAYANAMMA Vs. GADDAM VENKATA SUBBAIAH

JUDGEMENT

(1.) The Civil Revision Petition is filed against the order, dated 21-6-2005 made in I.A.No.777 of 2005 in O.S.No.17 of 2004 on the file of I Additional District Judge, Cuddapah. The said application was filed by the revision petitioner for appointment of Commissioner to record her evidence in Cuddapah Town. The learned Judge recorded certain reasons and observed that it is necessary for the Court to observe the demeanour of the witness, and further recoded that the medical certificate issued by the doctor does not speak about diabetics but speaks that the petitioner was suffering from bacillary dysentery and low blood pressure. The learned Judge also observed about the direction given by this Court to decide the matter within 6 months on 25-10-1994.

(2.) Heard Sri S.Laxmi Narayana Reddy, counsel representing the revision petitioner and Sri G.V. Raghava Reddy, counsel representing the respondents.

(3.) The learned counsel for the revision petitioner-plaintiff would submit that in the light of the contents of the affidavit filed in support of the application, it is clear that the petitioner is an old and sickly woman and in the facts and circumstances, the learned judge erred in dismissing the application observing that there is discrepancy in the medical certificate produced and also on the ground of demeanour. The learned counsel placed reliance on certain decisions.