MAHARAJ AMAR SINGHJI Vs. MR UTSAVLAL

JUDGEMENT

(1.) THIS is a revision by the defendant against an order of the Munsiff dated 14th of November, 1951.

(2.) THE opposite party filed a suit for recovery of Rs. 500/- against the petitioner Maharaj Amar Singhji. Certain issues were framed and the defendant led his evidence first. THE defendant made an application for issue of commission on the ground of illness but it was not accompanied by medical certificate. THE commission was refused whereafter the defendant closed his evidence. THE plaintiff while leading his evidence cited the defendant as his witness. THE defendant again requested the court for issue of commission on the ground of illness, which request was accepted but the plaintiff did not examine the witness on the date fixed as he (the plaintiff) in the meanwhile had made an application for transfer of the case. Later on, the order as to issue of commission was set aside on the representation by the plaintiff that the defendant was no longer ill. On behalf of the defendant, an application was then presented that he was exempted from the attendance under the Notification of the Jodhpur Government dated 20th March, 1934, and, therefore, a commission should be issued for his examination. This was opposed by the plaintiff and the learned Munsiff has held that the Notification of 20th March, 1934, had exhausted itself and was no longer in force. THE defendant has come in revision.