K V NANJAPPA Vs. TARA BAI

JUDGEMENT

(1.) This petition came up for admission today. The counsel for the land-lord- respondent was served with the notice regarding admission. As the point involved in the case revolves on a short question whether Commission warrant should be issued for examination of the landlady in question, the learned counsel were heard on merits and the petition is disposed of by this order.

(2.) The petitioner herein was the tenant- respondent in H.R.C. No. 4635/1980 (Old No. 1161/1980), on the file of the III Addl Small Cause Judge, Bangalore City. The landlady-petitioner filed an application I. A. II purported to be one under Or. 26, R. 4 read with S. 151 of CPC, for issue of commission to examine the petitioner at Mysore. She also filed an affidavit in support of her application and the averments in the affidavit are to the effect that she is aged lady suffering from diabietes, high blood-pressure and she was admitted to the hospital on 9-11-81 and she got paralytic attack and her right part of the body is affected and she was an inpatient in the hospital till 16-11-81 and that she is under constant medical care and that she has been advised by the doctor to take complete rest and not to move about and not even to travel. She has, therefore, prayed that she may be examined on commission.

(3.) The said application was resisted by the tenant mainly" on the ground that the certificate produced by the landlady in support of her application is not a genuine one and denied all the averments made in the affidavit.