RAHURIA RAMKALI KUER Vs. CHHATHOO SINGH

JUDGEMENT

(1.) The sole question for determination, in this application, in revision, by the sole defendant, is, whether she should be allowed to be examined on commission?

(2.) The plaintiff brought the suit, out of which the present application arises, against the petitioner, for specific performance of a contract, based on a written agreement, alleged to have been executed by her. On the 29th September 1959, on the application of the petitioner, that she was a pardanashin lady, and, therefore, her specimen thumb-mark should be taken on commission, a commission was issued, and, the commissioner took her specimen thumb-mark at the house of her pleader, where she was then putting up for the time being.

(3.) In course of the hearing of the suit after the oral evidence of the plaintiff had closed, and the oral evidence of the defendant's witnesses had started, on the 24th April, 1960, an application was made by the petitioner, praying for her examination on commission, as she was a pardanashin lady. This application of the petitioner was rejected by the Court below on the 27th April, 1960 on the ground, that, although she is an old lady, yet, as "it has come in evidence that she does not observe parda in her father's village", she is not very strict about observance of parda. The petitioner, thereupon, obtained this rule from this court against the aforesaid order.