BALKAR SINGH Vs. KISHORI LAL

JUDGEMENT

(1.) THIS Civil Revision is directed against the impugned order dated 25.8.2000 as the petitioners' prayer for examining the official witness of Nagar Nigam, Aligarh on commission was declined.

(2.) ONE Dina Nath Shukla had died on 10.6.1960. According to the plaintiff/respondents, he had died at Aligarh and an entry to this effect was recorded in the register maintained in the Municipal Office, Aligarh and at certified copy of death entry is Annexure P-7, which has been admitted in evidence.

(3.) THE very fact that the original register was not produced at the time when a certified copy of the entry was taken into evidence, therefore, a party has a right to challenge the correctness of original entry. Since the witness is residing at a distance of 500 km. away from Gurdaspur, therefore, the party is within its right to get the witness examined on commission as required under Order 18 Rule 4 of the Code of Civil Procedure. The trial Court was, therefore, in error is not allowing the application filed by the petitioners in this regard.