M K SHYAM SUDHIR Vs. UDDAPANDA BOPAIAH

JUDGEMENT

(1.) THIS revision is filed against the rejection of la. Vi for appointment of commissioner to examine the witness for the plaintiff on the ground that the witness is the museum of several diseases viz. , slip disc, spondylitis, congestion of lungs, hypertension etc.

(2.) MR. Bhagavan, learned counsel for the petitioner submits that no hardship would be caused to the other side if this witness is examined on commission as he is prepared to pay the commissioner's fee and any Advocate be appointed by the court. In view of this submission, the following order is passed: the petition is allowed. The impugned order is set aside. The lower court is directed to appoint any Advocate as commissioner to examine this witness on commission. The commissioner's fee also be fixed as deemed fit by the lower court. With these observations, the petition stands disposed of.