THAKUR UMAID SINGH Vs. THAKUR MANOHAR SINGH

JUDGEMENT

(1.) This it a revision petition against the order of the first Addl. Judge,'City Civil Court, Hyderabad, dated 19-2-74 dismissing the petition filed by the first defendant-the revision petitioner herein for appintment oft Commissioner to record the evidence of two witnesses in Rajas than.

(2.) The learned counsel for the petitioner herein contends that the lower court erred in construing the provisions of Order 26 Rules I and 4 and Order 16 Rule 19 of the Civil Procedure Code in refusing to appoint the Commissioner for examination of the two witnesses.

(3.) It will be necessary to state the brief facts of the case : The respondent herein filed a suit, original suit No. 39 of I960 for partition and separate possession of his half-a-share against the four defendants. Defendants No.1 to 3 are the brothers and the 4th defendant U the uncle of the plaintiff. It is stated that the 4th defendant died pending the suit and no legal representatives are brought on record,