UJJWAL SAHRAWAT Vs. BRIJINDER SINGH DAULTA

JUDGEMENT

(1.) Petitioner has preferred this revision petition against the order dated 11.10.2018 passed by the Civil Judge (Senior Division) Rohtak vide which the application under Order 26 read with section 151 CPC for recording the evidence of defendant No. 1/petitioner Smt. Ujjwal Sahrawat and witness Sh. Rup Chand through local Commissioner at Chandigarh was dismissed.

(2.) Petitioner through her special power of attorney submitted that defendant No.1/petitioner is a widow and senior citizen aged more than 66 years of age. She is residing at Chandigarh. Witness namely Rup Chand was also resident of Chandigarh (now he has died on 01.01.2019). Petitioner has also moved a civil misc. application No.24618-CII of 2019 for appointment of a Commissioner for recording the deposition of the petitioner along with two other defendant witnesses at Chandigarh. The second witness is sought to be examined by way of commission, who is an officer from the office of Sub-Registrar, Chandigarh, where the Will dated 16.06.1993 executed by late mother of the petitioner was registered.

(3.) Special power of attorney of the petitioner further submitted that examination of witnesses by the commission in terms of Order 26 Rule 4, Order 5 Rule 4 and Sections 75 and 76 CPC can be ordered by this Court keeping in view the cumulative effect of ailments i.e. path physiology. Petitioner cannot undertake long journey as the same may have some adverse effect on her health.