LAKSHMAN AND OTHERS Vs. ELLAMMAL AND OTHERS

JUDGEMENT

(1.) The plaintiffs in O.S. No. 347 of 1973 on the file of the Subordinate Judge, Cuddalore, are the petitioners in this revision. The respondents herein are defendants in the said suit. The plaintiffs filed I.A. No. 2379 of 1976 under Or.26, R. 1, C.P.C., to appoint a Commissioner to take the evidence of the first plaintiff. The reasons advanced by the plaintiffs for the necessity to examine the first plaintiff by commission were that he was aged about 76 years, and on account of sickness and infirmity he was unable to attend court. The plaintiffs also filed a certificate obtained from a Registered Medical Practitioner, d. 21st January 1977. The said application was dismissed by the court below and the present revision is directed against the order of the court below. Mr. E. Padmanabhan, the learned counsel for the petitioners, urged that there has been a lack of exercise of judicial discretion by the court below and the principles underlying Or.26, R. 1, as recognised and laid down by this court have not been kept in mind by the court below, while disposing of the application in question. The Medical certificate referred to above reads as follows - -