KARTAR SINGH Vs. AMRIK SINGH AND OTHERS

JUDGEMENT

(1.) THIS petition is directed against the order of the executing Court dated 5th May 1989, whereby the judgment -debtor Petitioner was directed to deposit a sum of Rs. 5,000/ - before passing any order for appointment of Commission to examine Sarabjit Singh vendor residing in the State of Assam.

(2.) THE Counsel for the Petitioner submitted that this direction of depositing Rs. 5000/ - was neither legal nor warranted. The judgment -debtor was not liable to pay air -fair for the counsel for the decree -holder as observed by the executing Court. Order 26 Rule 15 of the Code of Civil Procedure provides that the Court may order such sum as it thinks reasonable for the expenses of the commission. There is no provision for payment of expenses for the counsel for the opposite side. I find force in this contention. Consequently, the said direction of depositing of Rs. 5,000/ - is, therefore, set aside. The executing Court will dispose of the application for appointment of commission afresh in accordance with law.