AMMU KOVILAMMA Vs. U N M NEDUNGADI

JUDGEMENT

(1.) The second defendant in a suit for partition is the revision petitioner.

(2.) The order under challenge is one by which the court below has directed the petitioner to "deposit a sum of Rs. 5,000/- towards the batta" to summon a witness who admittedly is residing more than 400 kms. distance from the courthouse, mentioned in sub clause (b) of R.19 of O.16 C. P. C., as amended by this court. The amended rule reads:

(3.) If that be so, the court has no power to summon a person as a witness if he is residing at a place beyond the territory of India.