LAWS(KER)-2024-1-153

T.K.UNNIKRISHNA PILLA Vs. AJITHKUMAR

Decided On January 31, 2024
T.K.Unnikrishna Pilla Appellant
V/S
Ajithkumar Respondents

JUDGEMENT

(1.) Dated, this the 31/1/2024 The question, which arise for consideration in this Original Petition, is whether an interlocutory application for issuance of Commission, that too at the instance of the defendants in the suit, can be allowed before grant of leave under Sec. 92 of the Code of Civil Procedure.

(2.) The plaintiffs filed an application under Sec. 92 of the Code seeking leave to file the instant suit. While so, the defendants sought for issuance of a Commission, apparently to disprove the allegations in the plaint. The same was allowed by the learned Sub Judge by Ext.P6 order, which is under challenge herein.

(3.) Sri.B.Krishna Mani, learned counsel for the petitioners relied upon the following judgments to canvass the proposition that a commission application cannot be allowed before grant of leave under Sec. 92 of the Code.