HEMARAM Vs. MANSUKHRAM

JUDGEMENT

(1.) THIS is an application in revision by the defendant against the order of the learned District Judge, Jodhpur, dated the 6th April, 1957.

(2.) THE facts giving rise to it are that the plaintiff's (opposite parties) filed a suit against the defendant petitioner under sec. 92 of the Civil Procedure Code. During the pendency of the suit the defendant presented an application on 3rd April, 1957, requesting the court to issue, a commission under 0. 26 C. P. C. for examining certain witnesses residing at Surat, which is more than 200 miles distant from the place where the court is situated. This application was disposed of by the trial court on 6th April, 1957. THE learned judge ordered commission to be issued for examination of witnesses at Surat and the District Judge, Surat was requested to appoint a commissioner for the purpose. THE petitioner was required to deposit Rs. 60/- for commission expenses. He was further directed to pay the expenses of the plaintiff's counsel, i. e. First Class railway fare both ways from Jodhpur to Surat and Rs. 25/- per day. It is the validity of the last part of this order which is challenged.