SHANTILAL KHUSHALDAS PVT LTD Vs. RADHA NANDLAL KARLO

JUDGEMENT

(1.) RULE. By consent of the learned Counsel for the parties heard forthwith.

(2.) BY this petition under Article 227 of the Constitution of India, the petitioner, who is original defendant no. 1 in Special Civil Suit no.5/1994/A pending before the Civil Judge, Senior Division, Vasco-da-Gama challenges the order dated 24th August, 2010 by which the application dated 21st August, 2010 (exhibit 191) for appointment of commissioner to record the evidence of Shri S. N. Naik-DW1 has been rejected.

(3.) IN view of the above, the impugned order is partly set aside. The trial Court shall conduct the examination-in-chief of the witness Shri S. N. Naik in the Court and permit the cross-examination and re-examination, if any, before the Commissioner. The trial Court shall appoint the Commissioner and shall fix the fees payable to the Commissioner.