KEWAL Vs. SWARAN KAUR

JUDGEMENT

(1.) THIS petition is directed against the order of the trial court dated 23rd May 1989 whereby on the application made by the plaintiff for appointment of a commission for recording statement of seven witnesses at; Delhi was allowed.

(2.) ACCORDING to the trial court, it was difficult for the plaintiff to produce so many witnesses from such a long distance and, it would take a very long time for conducting the plaintiffs evidence in case the lcoal commissioner was not appointed for the purpose. Consequently Sh. Mohan Lal Advocate was appointed the local commissioner for re condign the statements of the witness mentioned in the application

(3.) LEARNED counsel for the defendant petitioner; submitted that in Order 16 Rule 19,code of Civil procedure, there is an a amendment by this court by virtue of which it has been added "provided that, any court in the State of Punjab may require the personal attendance of witness residing in the Punjab or Delhi State. "this amendment dated 4th March, 1955, when Delhi was under , the jurisdiction this court. Thus, argued the learned counsel in view of the provisions of O. 16, R, 19, Civil Procedure Code the distance between the court at Phillaur and the place where the witnesses reside at Delhi being less than 500 Kms they could be , ordered to attend in person to give evidence. That being so, the impugened order was liable to be set aside.