Disposed

Narindas Vensimal Harjani. v. 1. Chandiram Vensimal Harjani, 2. Prem Bhagwandas Harjani, 3. Ashok Bhagwandas Harjani

Bombay HC4 Sept 2013NMT/71/2013

Case brief

AI extract

What is this about?

The High Court dismissed the defendant's objection and appointed a female commissioner to record the plaintiff's evidence at his residence, citing the plaintiff's age (87) and severe medical advice avoiding strenuous activities, with parties to bear expenses equally.

What did the court decide?

Appointment of Mrs. A. Rodrigues as Commissioner at plaintiff's residence; directions to cooperate; equal bearing of expenses.

Narindas Vensimal Harjani. Vs 1. Chandiram… — Civil Procedure and Limitation | Bombay HC (2013)

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905-NMS71.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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NOTICE OF MOTION NO. 71 OF 2013

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IN SUIT NO. 24 OF 2006 IN PETITION NO. 518 OF 2002

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Naraindas Vensimal Harjani

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..... Plaintiff

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VERSUS

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Prem Bhagwandas Harjani & Ors.

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..... Defendants

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Mr.P.G.Lad for the Plaintiff and Applicants in Notice of Motion.

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Mr.Yatin Kachare, a/w. Ms.A.R.Lambay, i/b. Lambay & Co. for Respondent Nos. 1 and 2.

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CORAM : R.D. DHANUKA, J. DATED : 4^th SEPTEMBER, 2013

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P.C.

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By this Notice of Motion, plaintiff seeks permission for recording of evidence of the petitioner at his residence.

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In support of this prayer, plaintiff has annexed copy of doctors certificate dated 22^nd July, 2013 issued by Dr.Manoj R.Mashru certifying that plaintiff who is aged 87 years old is his patient and is suffering from severe aortic stenosis and is undergoing treatment for the same. He has been advised to avoid strenuous activities.

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905-NMS71.13

In affidavit in support it is stated that his heart valves are reduced in size and doctor has advised him not to walk and take more strain. Doctor has further restricted his movements.

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This Notice of Motion is objected by the defendant on the ground that by order dated 10^th February, 2012 passed by this Court on 14^th February, 2012, appointment of Commissioner made by this court was recalled for the reasons recorded therein.

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The plaintiff has clarified this position in detail in rejoinder showing his movement for going to the doctor for medical check up. This court does not appreciate this type of objection raised by the defendant opposing appointment of Court Commissioner for recording evidence of the witness who is 87 years old and does not keep good health and has been advised rest by the doctor. Case is made out for grant of relief as prayed.

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Mrs.A.Rodrigues, Former Prothonotary and Senior Master is appointed as Commissioner for recording evidence of the plaintiff. Both the parties are directed to co-operate with the learned Commissioner and with each other. Expenses of the learned Court Commissioner shall be borne by the parties equally at the first instance. Learned Court Commissioner is requested to record evidence of the witness at his residence and to submit interim report within three months.

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Notice of Motion is disposed of accordingly.

Narindas Vensimal Harjani. v. 1. Chandiram Vensimal Harjani, 2. Prem Bhagwandas Harjani, 3. Ashok Bhagwandas Harjani

Case brief

What is this about?

What did the court decide?

Narindas Vensimal Harjani. v. 1. Chandiram Vensimal Harjani, 2. Prem Bhagwandas Harjani, 3. Ashok Bhagwandas Harjani

Case brief

What is this about?

What did the court decide?

What the court decided

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Parties & counsel

Coram

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