MOHD ASLAM SHAH Vs. NILOFAR

JUDGEMENT

(1.) In a suit for declaration and permanent injunction, the statements of the parties had to be recorded before the proceedings could start as the matter in fact related to the conjugal relationship of the parties. The trial court directed that the parties should appear before it for getting their statements recorded. An application was moved by the non-applicant herein i. e. Mst. Nilofar to the effect that she being pardhanishin lady, she be examined on commission. This was done under Section 132 C.P.C. The same was objected to by the other side as it was stated by the non-applicants herein before the trial court that Mst. Nilofar was a student and was doing law in the University and as such, she was not a pardhanishin lady and the protection Under Section 132 C.P.C. could not be availed of by her. The trial court of the City Munsiff Srinagar, by virtue of Us order Dt. 13-11-1981 allowed the application of Mst. Nilofar and permitted her to be examined on commission. Even a Commissioner was named and his fees also were fixed.

(2.) Against this order, the present revision has been filed.

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