KESHAR SINGH Vs. SATYENDRA SINGH

JUDGEMENT

(1.) THE revision is directed against the order dated 29.4.93 of VIth Addl. Judge to the Court of District Judge, Indore, passed in Civil Suit No. 5N92, whereby plaintiff's application for examination of one witness Shri Havelisingh on commission has been rejected.

(2.) THE brief history of the case is that the plaintiffs NAs filed an application under S.8 and 20 of the Arbitration Act. The applicant -defendants made appearance in the Court. The proceedings were going on, evidence was to be recorded. The applicant -defendant thereafter applied under O. 26 R. 4 CPC for issuance of commission for examination of shri Havelisingh. The plaintiffs -N As opposed the application. The same was rejected by the trial Court. Hence, this revision.

(3.) IN the opinion of this Court the learned trial Court has failed to exercise jurisdiction vested in it properly and the order, therefore, deserves to be set aside.