SURENDRA GIRI Vs. KRISHAN PAL

JUDGEMENT

(1.) THIS writ petition has been filed against the order dated 2. 11. 2007 whereby the application of the defendant-respondent for examination through commission filed under Order 26 Rule 9 CPC has been allowed.

(2.) LEARNED counsel for the petitioner has argued that application has been allowed only on the basis of the fact that defendant is Chairperson of the Dang Regional Development Board and that he holds the status equivalent to that of a Minister of the State. LEARNED counsel for the petitioner submitted that such an exemption is available only to those dignitaries who are enumerated in Section 133 of the CPC and defendant does not fall in any of categories given thereunder. It is argued that the discretion has been wrongly exercised by the learned trial Court by permitting evidence of the defendant to be recorded on Commission. The impugned-order is therefore liable to be set- aside.

(3.) IN the result, the writ petition is allowed. The impugned- order dated 2. 11. 2007 passed by Additional Civil Judge (Junior Division), Karauli is set-aside. The defendant may now appear for his evidence before the trial Court on the next date fixed or at any other date that may be fixed by the trial Court in its discretion. .