DESH RAJ Vs. BODH RAJ

JUDGEMENT

(1.) In election petition No. 1 of 2003, the applicant/ Petitioner wants to examine the Incharge, Gadi Pt. Rattan Lal Kanshi Ramji of Haridwar. The witness was summoned alongwith the record who showed his inability to produce the record as it was quite voluminous and its removal was likely to result in inconvenience to the persons who might visit Haridwar where the aforesaid witness maintains the summoned record. Therefore, the applicant has moved the present application for examining the said witness on Commission.

(2.) The Respondent opposed the application mainly on the grounds that no prima facie case for appointment of a commission for examination of the witness is made out and in case the commission is appointed the applicant be directed to compensate the Respondent by paying a sum of Rs. 1,02,000 on account of counsel fee, travelling, boarding, lodging and other miscellaneous expenses.

(3.) I have heard the learned Counsel for the parties.