Revision petition challenging an order appointing Advocate-Commissioner Sada Shiva Raju, who had appeared for a party in a related suit. Court found no bar on appointment but directed replacement with an unconnected senior advocate.
CRP disposed. Direction to Junior Civil Judge to appoint a senior advocate unconnected with parties to record evidence.
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,N THE H'GH COURT F
3.2J.X13I1IEo F rE LAN GANA
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FRIDAY, THE SI, *a i,i o,.,iilf1.ilJi?fi ff 6,[E ^
rHE HoNouRABLE sRr"i,ffiEI[roLLA K.DANDA RAM
CIVIL REVISI N PET tTt N NO: 63 oF 20 1
Petition under Arricre 227 0f constitution of rndia, aggrieved by the order dated 02103121 in rA No.122 of 2o2o in os No.73l2015 on the fire of the court of the Junior Civil Judge, Korufla.
Between:
'I . G.Ashok, S/o.Bhoooathi
..,PETITIONERS/RESPONDENTS/PETITIONERS
AND
,,.RESPONDENTS/PETITIONERS/RESPONDENTS
lA NO: 1 oF 2021
Petition under section'1 51 of cpc praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to grant stay of all further Proceedings in os No. 73 of 201s on the file of the Junior civil Judge, at Korufla.
For the Petitioners : SRI HARI KISHAN KUDtKALA, Advocate
For the Respondents :
The Court made the following: ORDER
I t
THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
c.R. P. No,633 of202L
o RDER
This is theRevision by the petitioners/ defendantsaggrieved by the order dated02.03.2021in I'A'No'722 ol 2O2O in O'S'No'73 of 2015 on theIile of the Junior Civil Judge'sCourt at Korutla'
The plaintiff filed thesaid Applicationunder Order 26 Rule 6 of the Code of Civil Proceduretoappoint anAdvocate- Commissioner to record herevidence The said Applicationwas allowed appointing Sri K. Sada ShivaRaju,Advocate as the Advocate-Commissioner to record the evidence of theplaintiff.
Heard learned counsel for the petitioners.
This is a case where the Advocate by name Sri K. Sada Shiva Raju was appointed as an Advocate-Commissioner to record the evidence of the plaintiff. It is the case of the petitioners that the said Sada Shiva Raju appeared on behalf of the respondent / plaintiff in O.S.No. 19 ol 2016 along with his Senior Sri Nannap Raju Srinivasa Raju. As can be seen from the affidavit fi1ed in support of the I.A. as well as the counter-affidavit filed by the petitioners, there was never any objection raised nor the factum that the said Sada Shiva Raju appeared on behalf of one of the parties was brought to the notice of the learned Junior Civil Judge" So far as the legality of the order is concerned, this Court does not find any reason to interfere with the appointment of AdvocateCommissioner for recording the evidence, as the amendments brought to the Code provides for such appointment. However, copy of the written statement which is liled along with the material documents in the present Revision discloses that Nannap Raju
2
Srinivasa Raju and Sri K. Sada Shiva Raju, Advocates had appeared for Defendants I to 3 in O.S,No. L9 of 2OL6 and in the subject suit O.S. No. 73 of 2015, Nannap Raju Sujatha is the plaintiff. In that view of the matter, the Order under Revision is modified with a further direction to the learned Junior Civil Judge to identify a senior advocate unconnected with both the parties to record the evidence.
Subject to the above, the CRP is disposed of. No costs.
Miscellaneous petitions, if any pending, shal1 stand closed.
Sd/.K,SAILESHI ASSISTANT REGISTRAR ,TRUE COPY' a\ SECTION OFFICER
To
HIGH COURT
DATED:1610412021
S AT E
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ORDER
CRP.No.633 of 2021
DISPOSING THE CRP NO COSTS.
u
1 issue framed by the court
Whether the appointment of an Advocate-Commissioner who appeared for one of the parties in a related suit is legally objectionable.
2 provisions across 2 enactments
G. Ashok
G. Raju
Nannap Raju Sujatha
Alle Krishna
Challa Kodanda Ram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
