SEEMA KHANNA Vs. C.HEMALATHA DEVI

JUDGEMENT

(1.) The revision petitioner is the complainant in CC 470/2008 before the District Forum II, Hyderabad and this revision petition is filed against the order dated 17.12.2009 passed in IA 211/2009 dismissing the petition filed U/s.13 (4 ) and (5) of the C. P. Act in which an appointment of an advocate commissioner was sought to record the cross examination of the witnesses Rws. 2 and 3 .

(2.) The above said petition was opposed by the respondent raising the objection that the District Forum had passed order in IA 177/2009 and 131/2009 allowing the appointment of an advocate commissioner and fixed the payment of commissioners fee to enable the advocate Commissioner to execute the warrant but the petitioner had not paid the commissioners fees and that there was no representation on the date of hearing on 19.10.2009, so the said petitions were dismissed. In view of the dismissal and non compliance of the order it is not permissible to come forward with another application seeking appointment of an advocate commissioner.

(3.) The District Forum held that the orders passed in IA 177/2009 and in IA 131/2009 have already been rendered and worked out itself and since the present application is not for any enlargement of time and U/s 148 of C P C this petition is devoid of merits and also that it amounts to resjudicata.