PARAMHANSA RAMKRISHNA MAUNIBABA Vs. TRIMBAK RAJARAM DESHMUKH

JUDGEMENT

(1.) The short point involved in this revision is as to whether the learned Civil Judge (Junior Division), Darwha has committed any error in not allowing the plaintiff to examine himself on commission.

(2.) The plaintiff filed an application dated Nov. 23, 1976, in the trial Court, requesting that the evidence of the plaintiff himself and his witness Awadhut may be recorded on commission. Defendant no. 2 did not object this application. However, it appears that defendant No. 1 raised an objection. The learned Civil Judge passed an order that the evidence of witness Awadhut should be recorded on commission as he is an old and ailing person, but it was directed that the plaintiff should examine himself in Court and not before the Commissioner. It is this order that is being challenged.

(3.) In the application, the plaintiff has stated that he is a Paramhansa and that he always remains in naked condition. It is on that count that a prayer was made that the plaintiff need not be asked to come in a naked condition in Court and that he should be examined on commission. The learned Civil Judge has observed in his order that being a paramhansa cannot be a ground for examining the plaintiff on commission.