Allowed

Shekhar Ramesh Chaudhari v. Lakdu Sajan Bhat and Ors.

Bombay HC18 Mar 2013WP/267/2013

Case brief

AI extract

What is this about?

The High Court allowed the petitioner to examine an aged scribe on commission, noting the witness's advanced age and citing amendments to the Civil Procedure Code. The petitioner was directed to bear commission charges as per Trial Court rules.

What did the court decide?

Petitioner allowed to examine the scribe on commission and pay commission charges as directed by Trial Court.

Shekhar Ramesh Chaudhari Vs Lakdu Sajan Bhat… — Civil Procedure and Limitation | Bombay HC (2013)

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267.2013 WP

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 267 OF 2013

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Shri Shekhar Ramesh Chaudhari, Age 38 years, Occu. Agriculturist, R/o House No. 2344, Lane No. 6 Chaini Road, Dhule, Tq. & Dist. Dhule .. Petitioner

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Versus

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1] Lakdu Sajan Bhat, Age 65 years, Occ. Labour, R/o Ngaon, Tq. & Dist. Dhule

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2] Joshaba Madhyawarti Grahak Sahakari Sanstha Maryadit Dhule, Tq. & Dist. Dhule Joshaba Gramin Adudyogik Vasahat Nagaon, Tq. & Dist. Dhule Through : its President.

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3] Advocate Shri Anand S. Jagdeo, Age 30 years, Occ. Legal Practice, President Joshaba Gramin Aduyogik Vasaht Nagaon, R/o Chandannagar, Deopur, Dhule, Tq. & Dist. Dhule.

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4] Praveen Dhondiram Jadhav, Age 32 years, Occu. Agril, R/o Chandannagar, Deopur, Dhule.

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5] Sandeep Krishna Nikam, Age 25 years, Occu. Business, R/o 25, Bhavsar Colony, Vishram Apartment, Jamangiri road, Dhule.

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2 267.2013 WP 6] Pradeep Krishna Lingayat, Age 38 years, Occu. Business, R/o Wadjai, Tq. & Dist. Dhule.

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7] Advocate Chandra Choutlal Totaram, Age 34 years, Occu. Legal Practitioner, R/o at Post Nagaon, Tq. & Dist. Dhule.

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8] Shri Walmik Santosh Surwade, Age 34 years, Occu. Service, R/o Chandnaga, Deopur, Dhule. .. Respondents

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Shri K.C. Sant, Advocate for petitioner Shri S.P. Tiwari, Advocate for respondent Nos. 1to 3 & 6 to 8.

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CORAM : S. V. GANGAPURWALA, J. DATE : 18th MARCH, 2013.

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ORAL JUDGMENT :

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. Rule. Rule returnable forthwith. With the consent of parties taken up for final hearing.

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The application filed by the petitioner at Exhibit 134 to examine the scribe on commission is rejected.

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Shri Sant, the learned counsel for the petitioner submits that medical certificate has been filed, the scribe is bedridden unable to move. As such, the Court ought to have allowed the

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267.2013 WP

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application.

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Shri Tiwari, learned counsel for the respondents submit that in fact, the petitioner is protracting the matter. The intention of the petitioner is not fair to assist the Court. The report of the bailiff shows that the witness refused to accept the notice. No medical certificate is produced on record in support of his contention.

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The witness appears to be aged about 85 years. Now, by virtue of amendment to Civil Procedure Code, the witnesses are allowed to be examined on commission. In fact, as a matter of rule the witness can be examined on commission.

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Taking into consideration the said aspect and the age of the said witness, the petitioner is allowed to examine the said scribe on commission. The petitioner shall pay the commission charges as would be directed by the Trial Court.

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. Rule is made absolute in above terms.

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[ S. V. GANGAPURWALA, J. ]

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SDM*/March-2013

Shekhar Ramesh Chaudhari v. Lakdu Sajan Bhat and Ors.

Case brief

What is this about?

What did the court decide?

Shekhar Ramesh Chaudhari v. Lakdu Sajan Bhat and Ors.

Case brief

What is this about?

What did the court decide?

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