DAULAT JEHANGIR MEHTA Vs. PILOO DADABHOY BROACHA

JUDGEMENT

(1.) HEARD. Rule. By consent, the rule is made

(2.) THE grievance of the petitioner is that the petitioner has filed the suit and she being of 92 years of age has filed an application under Order xviii Rule 16 of the Code of Civil Procedure, 1908, requesting for recording of her statement, as, by the time the suit may reach the stage for recording of evidence, she may not be available for recording of her evidence and that her statement is very important and necessary for just and appropriate decision in the matter. However, the same was rejected by the Court below. The petitioner, therefore, has approached this court with a request for direction either to record her statement in exercise of powers under Order XVIII rule 16 of the Code of Civil Procedure, 1908 or to expedite the suit and to dispose of the same in time bound programme. The learned advocate for the respondents has fairly submitted that the respondents have no objection for such expeditious disposal of the suit, however, there is no case for directing the statement of the petitioner to be recorded under Order xviii Rule 16 of the Code of Civil Procedure, 1908.

(3.) THE question of granting relief in the nature of expeditious disposal of a suit without ascertaining the pendency of total number of the suits before the court below as well as the information regarding total number of the suits filed by the senior citizens, does not arise. Needless to say that considering the fact that the petitioner is of the age of 92 years, and therefore, the suit will have to be taken up on priority basis as having been filed by the senior citizen. However, this will have to be done along with the other suits filed by the senior citizens and in chronological order.