SHAH VELJI NAGJI Vs. HEMKUVERBAI ALIAS MITHIBAI VALLABHJI

JUDGEMENT

(1.) This is a revision petition filed by original defendant No. 2 under sec. 115 of the Civil Procedure Code (which will be herein after referred to as the Code) against the order passed by the learned Civil Judge Senior Division Kutch at Bhuj in Special Civil Suit No. 17 of 1966 below Ex. 161 dismissing the application filed by the petitioner to examine one Girdharilal Bhaiya residing at Akola (Vidharbha) on commission.

(2.) Petitioner is the father of present opponent No. 1. Opponents Nos. 2 and 3 are the legal representatives of one Talakshi who was original defendant No. 1 and had died. Opponent No. 4 is the original defendant No. 3.

(3.) According to the petitioner one Umarbai gifted the suit properties to present opponent No. 1 (plaintiff) by a deed dated 14-4-1927 at Akola. It is alleged that deceased Talakshi passed a deed of Kararnama on 18 in favour of the present petitioner (defendant No. 2) and in that deed there is a mention that the suit property was gifted to opponent No. 1 (plaintiff) on 14-4-1927. Girdharilal witness to be examined on commission is alleged to have attested that deed dated 18-12-1929 and he is conversant with the matter. He is residing at Akola which is at a distance of more than 300 miles from Bhuj the place where the suit is filed. Further he is suffering from Anemia enlarged prostate and urinal infaction. Medical certificate in that behalf is also produced alongwith the application. It is on these grounds that the aforesaid request to examine that witness on commission was made. That application was opposed by opponents Nos. 2 and 3 legal representatives of Talakshi.