A MOHAN Vs. NATESAN

JUDGEMENT

(1.) AGGRIEVED over the order of the learned Additional District Munsif, Ambur dismissing the application for appointment of an Advocate Commissioner for the examination of the witnesses in a suit pending trial, the plaintiffs have brought forth this civil revision petition.

(2.) DESPITE service of notice, the respondents have not appeared. From a perusal of the available materials and the submissions made, it could be seen that it was a suit for declaration and injunction and P.W.1 was also examined. At that juncture, the instant application was filed for appointment of an Advocate Commissioner under Order 26 Rule 4 CPC for the examination of three witnesses, namely Durai, Thangaraj and Munusamy aged about 80, 57 and 60 years respectively on the ground that they were sick and they could not come to Court to give evidence. It was seriously opposed to by the opposite party. The lower court, considering the rival submissions and scrutiny of the materials available, has dismissed the application. Hence, this revision has been brought forth.