Kantipudi Radhika Rani vs Vobilineni Veera Sankaram
2023 Latest Caselaw 5133 AP

Citation : 2023 Latest Caselaw 5133 AP
Judgement Date : 19 October, 2023

Andhra Pradesh High Court - Amravati

Kantipudi Radhika Rani vs Vobilineni Veera Sankaram on 19 October, 2023

           HIGH COURT OF ANDHRA PRADESH
               MAIN CASE: CRP No. 2678 of 2023

                            PROCEEDING SHEET

SL.     DATE                            ORDER                          OFFICE
NO.                                                                     NOTE

01.   19.10.2023   RNT, J

                          Sri P. Rajasekhar, learned counsel for the
                   petitioner, while challenging the impugned order
                   dated 18.08.2023 in I.A.No.1143 of 2023 in
                   O.S.No.238 of 2014, submits that the application
                   of the plaintiff/respondent No.1 under Order 18

Rule 4 (2) CPC to appoint an advocate- commissioner to record the deposition of PW 1 has been allowed, though previously the cross examination of PW 1 was done on 05.11.2019 and 02.01.2020, in Court, but now the cross examination has been directed on commission, for which there are no justifiable grounds. He submits that the demeanour of witness is also important to be noted by the trial Court.

2. Placing reliance in the case of D. Chendrakala v. Matashrama Seva Sangam, Kakinada {reported in (2007) 1 ALD 121}, he submits that the appointment of the advocate- commissioner to record evidence of the witness, there would certainly be a difference in the way the witness gives evidence when he is examined in the comfort of his house and in the cases where he is examined in open Court. His

SL. DATE ORDER OFFICE NO. NOTE submission is that same judgment was placed in the Court below, but the same has not been dealt with in correct perspective. He submits that the discretion exercised under Order 18 Rule 4 is not judicious.

3. Issue notice to the respondents.

4. In addition to the normal mode of service, learned counsel for the petitioner on his request is permitted to take out personal notice for service on the 1st respondent, as well as the counsel appearing for the 1st respondent in the Court below and file proof of service in the Registry by the next date.

5. List on 23.11.2023.

_________ RNT, J Dsr