PANNALAL AND OTHERS Vs. DEOJI DHANJI

JUDGEMENT

(1.) THIS is a revision application by the defendants.

(2.) THE facts of the case are briefly stated as follows: - -One Deoji son of Dhannaji Thakur filed a suit against the petitioners in the Court of the Civil Judge, Second Class, Kannod. As the claim was resisted, by the petitioners the trial of the case was proceeded with. The petitioners, who were defendants in the lower Court did not engage any pleader for conducting their case before the trial Court, but were represented by one Hiralal Dube who held an 'Am Mukhtyar Nama' from them.

(3.) ON 20 -2 -1954 the defendants applied to the Court for issuing the commission again, contending that the Commissioner had wrongly refused to allow the 'Mukhtyar' to cross -examine the witness. The learned Civil Judge by his order upheld the view taken by the Commissioner but ordered the commission to be re -issued on defendants' depositing the commission fees. Aggrieved by this order the defendants have preferred this revision application.