CHIRANJILAL JESRASARIA Vs. HANUMAN PRASAD CHOWKHANI

JUDGEMENT

(1.) This revision is directed against the order dated 4.7.1984 passed by the learned Sadar Munsiff No. 1, Dibrugarh whereby the petitioners prayer for examination of witnesses on commission was rejected.

(2.) The petitioner was defendant in a suit for ejectment and had prayed for examination of some witnesses on commission.The prayer was allowed by the court below and the petitioner was required to lake steps for depositing the costs of commission and furnishing interrogatories. The petitioner deposited the costs on 18.5.1979 and the petitioners contention is that he also had furnished interrogatories. The learned court below, however on 4.7.1984 took the view that the petitioner had delayed the matter and had not taken the steps, in that even though costs were deposited on 18.5.1979 the interrogatories had not been furnished and accordingly the prayer for issue of writ of commission for examination of witnesses was rejected.

(3.) Aggrieved, the petitioner has come to this court and Shri D.N. Baruah, learned counsel appearing on his behalf has submitted that the petitioner had taken all the steps which he had to take, in that the petitioner had deposited the costs of the commission and also furnished interrogatories and that the learned trial court had erroneously taken the view that the petitioner had delayed the matter and had not taken steps for furnishing interrogatories.