FAHIM Vs. SURJIT KAUR AND ANOTHER

JUDGEMENT

(1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 03.10.2013 (Annexure P/4) passed by learned Addl. Civil Judge (Senior Division), Nuh whereby application filed by the respondents under Order 26 Rule 4 of the Code of Civil Procedure for appointment of commission to examine witness, has been allowed. I have heard learned counsel for the petitioner and perused the record.

(2.) LEARNED counsel for the petitioner contends that the trial Court has not properly considered the legal provisions of Order 26 Rule 4 C.P.C. as per which local commissioner cannot be appointed for recording the statement of any witness on medical ground. Learned counsel further contended that since the petitioner -plaintiff has to go to Delhi from Nuh along with his counsel, he will have to bear unnecessary expenses, the petitioner is entitled to expenses for his counsel as well as himself who will be accompanying the commission for cross examination.

(3.) ORDER 26 Rule 4 C.P.C. reads as under: -