Allowed

Manmohan Chhabra & Anr. v. Barinder Pal Singh & Ors.

Punjab & Haryana HC23 Jan 2013CR/5896/2012

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What is this about?

A revision against an order dismissing a petition for witness examination on commission was filed by an incapacitated petitioner. The单一 bench set aside the impugned order, allowing the petition on payment of Rs 25,000 costs to the respondent. The trial court was directed to appoint a commissioner to conclude the enquiry in a single sitting.

What did the court decide?

The order dismissing the petition for examination on commission was set aside; the petition allowed on payment of Rs 25,000 to the respondent; trial court directed to appoint commissioner for single s

Manmohan Chhabra & Anr. Vs Barinder… — Civil Procedure and Limitation | Punjab & Haryana HC (2013)

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C.R. No.5896 of 2012

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IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

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C.R. No.5896 of 2012 Date of Decision.23.01.2013

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Manmohan Chhabra and another

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.....Petitioners

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Versus

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Barinder Pal Singh and others

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.......Respondents

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Present: Mr. Rahul Rampal, Advocate for the petitioners.

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Mr. Anil Chawla, Advocate for respondents No.1 to 3.

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CORAM:HON'BLE MR. JUSTICE K. KANNAN

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Whether Reporters of local papers may be allowed to see the judgment ? No

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To be referred to the Reporters or not ? No

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Whether the judgment should be reported in the Digest? No

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K. KANNAN J.(ORAL)

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The revision is against the order dismissing a petition for examination of the witnesses on commission. The petitioner had given out an explanation that he was unwell and he had a serious impairment in his eye and other physical disabilities. This was contested by the respondent before the Court below. I do not think that even an issue of illness is relevant with the amended provisions of the Civil Procedure Code that allow for examination of the witnesses on commission under Order 26. I will not enter into an issue of whether the petitioner had any particular physical disability but suffice it to hold that even with such disability, it is possible for parties to be examined on commission unless there are specific reasons that the parties must be brought to Court.

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The order already passed is set aside since the party states

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C.R. No.5896 of 2012

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himself to be a resident of Delhi and the counsel appearing for the respondents are at Amritsar. The petition filed by the petitioner shall be allowed on payment of costs of ` 25,000/- to the respondents to defray the expenses for logistics and other incidental expenses. The trial Court shall appoint a commissioner from out of the panel drawn on the board and entrust the matter for conclusion of the enquiry before the commission at one single sitting. The expense of the commission shall also be borne only by the petitioner. The expenses incurred in the commission shall be borne by the petitioner irrespective of final result in the suit. The commission shall be issued on the payment of costs directed to be paid by this Court as above.

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The civil revision is disposed of subject to the above

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direction.

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(K. KANNAN) JUDGE

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January 23, 2013 Pankaj*

Manmohan Chhabra & Anr. v. Barinder Pal Singh & Ors.

Case brief

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Manmohan Chhabra & Anr. v. Barinder Pal Singh & Ors.

Case brief

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