SRIS CHANDRA NANDY Vs. ANNAPURNA RAY

JUDGEMENT

(1.) This is a petition for revision of an order of a learned Subordinate Judge of Murshidabad directing that the evidence of the plaintiff's husband be taken on commission.

(2.) The plaintiff who is a lady had already given evidence on commission in the suit and it is suggested that her husband was her legal adviser and a most important witness in the case. The defence were naturally anxious to cross examine this witness in open Court. But an application was made for the issue of a commission on the ground that the witness was unfit to give evidence.

(3.) An affidavit of the plaintiff was filed in support of the application and a medical certificate of some medical practitioner was also tendered.