DEBADUTTA PAL Vs. INDUMATI PAL

JUDGEMENT

(1.) Petitioner calls in question legality of order passed by learned Civil Judge (Senior Judge), First Court. Cuttack accepting prayer of defendant No. 1 -opp. party No. 1 to the effect that her oral evidence be taken under Order 18, Rule 16 of the Code of Civil Procedure, 1908 (in short, 'CPC'). Application filed by opp. party No. 1 indicated the reason for seeking such examination to be that being an octogenarian old lady she was gradually losing her mental balance and wanted to go to her daughter's place at Gujarat which is beyond the territorial jurisdiction of the trial Court. In the peculiar circumstances the prayer was accepted.

(2.) LEARNED counsel for petitioner -plaintiff submitted that the expression 'at any time after institution of the suit' cannot be construed to mean at a point of time before written statement was filed. It is stated that some of the defendants have not yet entered appearance and/or have not filed their written statements. After they do so there may be necessity for further elucidation by defendant No. 1 of some relevant and material aspects. It is also submitted that the application was filed at a premature stage, when issues have not been framed. Mr. R. K. Sahu, learned counsel for opp. party No. 1 submitted that scope for cross examination by other defendants and by plaintiff, if necessity so arises, is not taken away by permitting examination of defendant No. 1 at the present juncture in view of the pressing circumstances indicated by her.