RAMESH SIRAM SANE Vs. BHAGWANDAS ATMASINGH

JUDGEMENT

(1.) The question that arises in this revision petition is whether the Court is bound to issue a commission to examine in all cases where the witnesses live beyond 200 miles from the Court house.

(2.) The respondent filed O. S. No. 187 of 1969 in the Subordinate Judges Court, Vijayawada to recover R. 7182/- from the defendant-petitioner on two hundis. It is the case of the defendant-petitioner that the transaction had taken place through a broker by name Thakker. The said broker lives in Bombay, which is certainly more than 200 miles away from Vijayawada where the suit came up for trial. The petitioner applied to the Court under Section 151 and Order 26, Rule 4 C. P. C. to issue a commission to examine the broker at Bombay. The Court dismissed the petition saying that it was belated and was filed after examining three witnesses for the defendant and was filed only to protect the hearing of the petition. It is this order that is sought to be revised.

(3.) Though the application for the issuance of a commission was made under Section 151 and Order 26, Rule 4, C. P. C. Sri Raghava Rao for the petitioner placers strong reliance on Rule 19 of Order 16 also. Order 26 relates to commissions and Order 16 to the summoning and attendance of witnesses. Rule 4 of Order 26 enumerates the persons for whose examination commission may issue. clause (2) thereof refers to any person resident beyond the local limits of its jurisdiction. Rule 19 of Order 16 provides that: