GULAB DEVI Vs. AMIN CHAND

JUDGEMENT

(1.) This revision petition is directed against the order of the trial Judge whereby the evidence of the revisionist was closed and his prayer to examine Chetan Parkash, Assistant Manager, Orphanage on Commission, was declined.

(2.) The plaintiff petitioner wants to examine Chetan Parkash to establish her relation with Punna Lal deceased. In the affidavit filed in support of the application, it was stated that Chetan Parkash was heart patient and was also suffering from Asthama and was not in a position to undertake the long journey from Delhi to Ferozepur. Chetan Parkash is stated to-be an ex-employee of Arya Anathalya (Orphan Hostel). He made some entries in the register indicating the relationship of the plaintiff- petitioner with the deceased Punna Lal. The entries in the register maintained at the orphanage could be proved by the author of the entries which according to the plaintiff were made by Chetan Parkash. Even if the petitioner was negligent in moving this application expeditiously the other party could have been compensated by imposing heavy costs on the plaintiff. On the proved facts of the case it appears it that Chetan Parkash is a material witness. He has to prove the entries in the register maintained at the Orphanage which give some indication of the relationship of the plaintiff with Punna Lal. The register is stated to have been lost and photostat copies of the entries have been placed on the record and the same is sought to be proved. The application for appointment of commission for examining Chetan Parkash is duly supported by an affidavit and also a medical certificate is ill and cannot undertake the journey because of the illness.

(3.) On the proved facts of the case, the trial Judge ought to have allowed the plaintiff-petitioner to examine Chetan Parkash on commission. The evidence on commission will be recorded subject to all the objections which can legally be taken by the defendant-respondents. The application for appointment of the commission is accordingly allowed on payment of Rs. 500/ - as conditional costs. The trial Judge will appoint a commission for examination of Chetan Parkash in conformity with the rules. Since, the prayer of the petitioner is being accepted for examination of Sh.Chetan Parkash on commission, the trial court is also directed to give an opportunity to the petitioner to examine his entire evidence on one date. The Civil revision is disposed of accordingly.