Allowed a revision petition to examine witness J.N. Gupta on commission. Appointed Surinder Mohan Sharma as local commissioner, fixed date 24.10.2009, and directed presence of petitioner and payment of Rs. 25,000 fee.
Examination of witness J.N. Gupta on commission before appointed local commissioner on 24.10.2009 at Neeraj Jain's chambers.
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CR No.3705 of 2009
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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
CR No.3705 of 2009 Decided on:07.10.2009
Mohan Pal & another
..... Petitioners
versus
Kishan Pal Singh & another
..... Respondents
CORAM: HON'BLE MR. JUSTICE AJAY TEWARI
Present: Mr. Mukul Aggarwal, Advocate for the petitioners
Mr. A.S.Grewal, Advocate for respondents.
AJAY TEWARI, J.
This petition has been filed against order dated 12.06.2009, declining the application of the petitioner for examining the witness Mr. J.N.Gupta on commission on the ground of his indisposition.
Learned counsel for the respondents has objected to this by stating that this application is just an attempt to delay the proceedings of the case. On a consepectus of the entire facts and circumstances, I deem it appropriate to allow this revision petition and permit the petitioners to examine the aforesaid Sh. J.N.Gupta on commission. In view of the argument regarding delay, I direct that Mr. Surinder Mohan Sharma, Advocate is appointed as Local Commissioner in whose presence the testimony of the said Sh. J.N.Gupta will be recorded. With the consent of the learned counsel, the date of rercording of this evidence is fixed as 24.10.2009 at 12 O' Noon at Sh. Neeraj
CR No.3705 of 2009
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Jain, Sr. Advocate, Chamber No.28, Supreme Court of India, New Delhi .
Parties through their counsel are directed to appear before the Local Commissioner. It shall be the duty of the petitioner to produce Sh. J.N.Gupta before the Local Commissioner at that time. The petitioner shall pay a sum of Rs.25,000/- as fee to local commissioner. This amount shall be paid on or before 15.10.2009 to enable local commissioner to convenently go to Delhi for the purpose of this commission. It is further made clear that in the event that fee is not paid to the local commissioner by the stipulated date or the aforesaid witness is not produced by the petitioner, this revision petition shall be deemed to have been dismissed without further reference to this Court.
It is also clarified that in case Sh. J.N.Gupta is duly produced and gives his testimony and the respondents do not cross-examine him, no further opportunity shall be granted to them.
This revision petition is allowed in above said terms. It is further made clear that the remaining evidence, if any, of the defendants shall also be led by them on 07.11.2009 and one more date be granted by the Trial Court in this regard.
Copy of this order be given as dasti on the payment of usual charges.
October 07, 2009 sonia
(AJAY TEWARI) JUDGE
CR No.3705 of 2009 -3-
2 issues framed by the court
Whether to permit examination of a witness on commission due to his alleged indisposition.
Whether to appoint a local commissioner and fix a date and venue for recording testimony.
Mohan Pal
Kishan Pal Singh
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
