SUKHOMOY CHOUDHARY Vs. ASHOK RAM

JUDGEMENT

(1.) Heard both the sides.

(2.) This revision application has been filed against the order dated 1/9/2001 passed by Shri R.P. Deb. Subordinate Judge, Giridih in Title Suit No. 59/97, by which the petition filed under Order 26, Rule 1 of the Code of Civil Procedure for examination on commission was rejected.

(3.) The ground taken was that the witness is aged about 80 years and suffering from so many diseases like heart disease, Hyper tension, disabetes and other ailments etc. The petition was supported by a medical certificate issued by a registered medical practitioner. It was contended during the course of argument that on 31/8/2000 when the petitioner was being argued some persons from the side of the defendant No. 2 had assaulted the plaintiff and, therefore, there is a fear that if they went to the house of Sukhomoy Choudhary to take his evidence on commission, it may create ugly situation. It was also argued that distance between the Court and the residence of this witness is only one kilometer, therefore, he will have no difficulty if he comes to Court as a witness.