AMINA BIVI Vs. ABDUL JABAR

JUDGEMENT

(1.) The plaintiff in O. S. No. 93 of 1974 on the file of the Subordinate Judge, Mayuram, is the petitioner in this revision. The respondent herein is the defendant in the said suit. The plaintiff filed I. A. No. 744 of 1976 under Order 26 Rule 5 C. P. Code. To appoint a Commissioner for examining one Abdul Wahab or issue a letter of request addressed to the Presiding Officer of the Court within whose jurisdiction the said Abdul Wahab resides, requesting him to appoint a Commissioner and to have the said Abdul Wahab examined by such Commissioner and forward the evidence to the lower court. There were other suits O. S. Nos., 92, 94 and 121 of 1974, on the file of the Sub-Court, Mayuram. In those suits the said Abdul Wahab is a party plaintiff.

(2.) Application were also taken out by the plaintiffs in the said suits for the issue of commission to examine the said Abdul Wahab. There is no dispute that the said Abdul Wahab is in Malaysia and difficulties are being experienced with reference to going over to India so as to attend the court below to give the required evidence. These application were contested by the defendant in the said suits and the contentions of the defendant have been upheld by the court below and the said application have been dismissed. The present revision is filed against the orders of the court below in IA No. 744 of 1976.

(3.) It is not in dispute that Abdul Wahab is a relevant witness. The necessary averments are found in paragraphs 12 and 14 of the affidavit which run as follows :-