THE HON’BLE SRI JUSTICE BATTU DEVANAND CIVIL REVISION PETITION No.2551 of 2025 ORDER: 1. This Civil Revision Petition is filed assailing the order, dated 22.07.2025 in I.A.No.263 of 2025 in O.S.No.333 of 2023 passed by the Principal Civil Judge (Junior Division)-cum-Judicial Magistrate of First Class, Ramachandrapuram, East Godavari District and consequently prayed to set-aside the said order. 2. Heard the learned counsel for the petitioner and learned counsel for the respondent. 3. The petitioner is the defendant in the Suit in O.S.No.333 of 2023, which was filed for recovery of money. In the said Suit, the petitioner filed an Interlocutory Application vide I.A.No.263 of 2025 under Order 26, Rule 1 of the Civil Procedure Code, seeking to appoint an Advocate Commissioner to record his evidence. The respondent resisted the application. 4. Having considered the contentions of both sides, the trial court observed that there is no medical certificate filed by the petitioner to show that he is suffering with diabetes, blood pressure and nervous problem and without submitting any medical proof, the application 2 filed seeking to appoint Advocate Commissioner to record his evidence is not tenable and thus, dismissed the said Interlocutory Application, by order, dated 22.07.2025. Against the same, the present Civil Revision Petition is filed. 5. Learned counsel for the petitioner would submit that the petitioner is aged about 75 years and suffering with blood pressure, diabetes and nervous problem and as such, it is very difficult to him to travel to Ramachandrapuram to depose his evidence and accordingly, sought to set-aside the order of the trial court by allowing the Civil Revision Petition. 6. On the other hand, learned counsel for the respondent contends that the petitioner came to Ramachandrapuram to sign on the affidavit filed along with the Interlocutory Application. As such, he is able to attend the court to depose the evidence and accordingly, he sought to dismiss the Revision. 7. Having considered the submissions of the respective counsel and upon careful perusal of the material available on record, it is an admitted fact that the petitioner filed Interlocutory Application in I.A.No.263 of 2025 seeking to appoint Advocate Commissioner to record his evidence without enclosing any medical record to show that he is suffering with health problems. Besides this, as rightly 3 pointed out by the learned counsel for the respondent, a perusal of the affidavit filed at page No.8 of the material papers along with the C.R.P., it reveals that the petitioner signed the affidavit on 20.03.2025 at Ramachandrapuram. As such, it is clear that the petitioner is able to travel to Ramachandrapuram. 8. In view of the above, we are not inclined to interfere with the reasoned order passed by the trial court. 9. Accordingly, the Civil Revision Petition is dismissed. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Civil Revision Petition shall stand closed. _____________________________ JUSTICE BATTU DEVANAND Date: 06.03.2026 PKR 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND 156 CIVIL REVISION PETITION No.2551 of 2025 Date: 06.03.2026 PKR