N.P.Abdulla and 5 others Vs T.Abdul Jabbar — Madras HC (2025) — LawSathi Research

N.P.Abdulla and 5 others Vs T.Abdul Jabbar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appointment of Mr.R.Akilesh, Advocate, as Advocate Commissioner to record evidence of P.W.1 (N.P.Abdulla); Mrs.Sunitha Kumari to also remain present during recording; initial remuneration of Rs.15,000/- to the Commissioner; evidence preferably on or before 08.08.2025; matter listed on 11.08.2025 for filing the Commissioner's report with notes of evidence.

Issue for consideration

Whether an Advocate Commissioner should be appointed to record the evidence of P.W.1, who knows only Malayalam and is not conversant with the local language or English.

Court's answer

Application allowed; Mr.R.Akilesh, learned Advocate, appointed as Advocate Commissioner to record the evidence of P.W.1 / N.P.Abdulla.

Ratio / Principle

Though the Advocate Commissioner knows Malayalam, Mrs.Sunitha Kumari, Teacher from Asan Memorial Senior Secondary School, Chennai - 600 006, may also be present during the recording of evidence for the convenience of all parties.

Key takeaways

The Advocate Commissioner is to issue notice to the learned counsels, fix an appropriate date and time, record the evidence and forward the report to the Court along with the notes of evidence.ratio¶7
It was expressed as desirable that the witness's evidence be recorded on or before 08.08.2025 (hortatory, not mandatory).obiter¶7
An initial remuneration of Rs.15,000/- (Rupees Fifteen Thousand Only) is to be paid to the Advocate Commissioner.ratio

Detailed headnote1 paragraphs

Madras High Court, Original Side (C.V.Karthikeyan, J.), 23.07.2025 — Application A.No.3064 of 2025 in C.S.No.610 of 2016 allowed. With the sanctioned post of Malayalam Interpreter unfilled, Mr.R.Akilesh, Advocate (Enrollment No.1323/1999), conversant in Malayalam, is appointed Advocate Commissioner to record evidence of P.W.1 (N.P.Abdulla), who knows only Malayalam. Mrs.Sunitha Kumari, M.A., B.Ed., Teacher, Asan Memorial Senior Secondary School, Chennai - 600 006, may also be present. Initial remuneration Rs.15,000/- to the Commissioner; evidence preferably on or before 08.08.2025; report with notes of evidence to be filed at the listing on 11.08.2025.

A.No.3064 of 2025 in

C.S.No.610 of 2016

C.V.KARTHIKEYAN, J.

This application has been filed to appoint an Advocate Commissioner to record the evidence of P.W.1 who knows only Malayalam and is not conversant with either the local language or English.

2. In the Original Side of this Court, among the post of interpreters, the post of Interpreter in Malayalam is also sanctioned, but unfortunately, not been filled up. Necessarily, help would have to be resorted outside.

3. The learned counsel for the plaintiffs has stated that he had made enquiries and had obtained the consent of Mrs.Sunitha Kumari, M.A., B.ed., (Malayalam), Teacher from Asan Memorial Senior Secondary School, Chennai - 600 006 to translate the questions put to the witness in Malayalam and to assist the Court while recording evidence.

4. The learned counsel for the defendant forwarded the name of the learned counsel Mr.R.Akilesh, Advocate (Enrollment No.1323/1999), Mobile Number : 9444001059, who is also conversant in Malayalam.

5. The Court places its deep appreciation to both the learned counsels for suggesting these names.

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https://www.mhc.tn.gov.in/judis

C.V.KARTHIKEYAN, J.

gsk

6. In view of the above facts and circumstances, this application is allowed and accordingly, Mr.R.Akilesh, learned Advocate is appointed as an Advocate Commissioner to record evidence of P.W.1 / N.P.Abdulla. Even though the learned Advocate Commissioner knows Malayalam, to ensure the convenience among all the parties, Mrs.Sunitha Kumari, Teacher from Asan Memorial Senior Secondary School, Chennai - 600 006 may also be present during the recording of evidence.

7. The learned Advocate Commissioner may issue notice to the learned counsels and fix an appropriate date and time and record the evidence and forward the report to this Court along with the notes of evidence. It would be appreciable if the evidence of the said witness is recorded on or before 08.08.2025. Remuneration is required to be paid to the Advocate Commissioner. Hence, the initial remuneration of Rs.15,000/(Rupees Fifteen Thousand Only) shall be paid to the Advocate Commissioner. The teacher Mrs.Sunitha Kumari may indicate whether as a teacher, it is permissible on her part to receive remuneration.

8. List the matter on 11.08.2025 for filing the report of the Advocate Commissioner along with the notes of evidence.

23.07.2025

gsk

A.No.3064 of 2025 in C.S.No.610 of 2016

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https://www.mhc.tn.gov.in/judis