RAJEEVI AMMAL Vs. M M SWAMY NAIDU

JUDGEMENT

(1.) This revision is directed against the order of the learned Subordinate Judge, Cuddalore, allowing an application filed by the Power of Attorney Agent of the plaintiff to examine the plaintiff on commission.

(2.) The power of Attorney Agent wanted to examine his father, the plaintiff, on commission as he was extremely old and weak and confined to bed at Tirukoilur. That application was resisted on the ground that when the matter came up for hearing on 16th July, 1984 there was no representation that the plaintiff was old and he will not be in a position to attend Court, that the plaintiff is sought to be kept out of box by the power of Attorney Agent who is none other than his son and that if a Commissioner is appointed to examine the plaintiff on commission, the Court will not have the advantage of observing the demeanour of the plaintiff which is an important factor in deciding the suit.

(3.) The petition was allowed on the ground that the plaintiff is an aged man of 92 years and is suffering from heart disease and hypertension. That order is challenged in this revision.