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1960 Supreme(AP) 34

MUNI KANNIAH
P. R. Bizani – Appellant
Versus
Hans Zucker Baeker – Respondent


MUNI KANNIAH, J.

( 1 ) THIS revision petition is against the order of the District Judge, Adilabad, refusing to issue a commission to examine the defendant or his witnesses. In his order, the learned District Judge has adverted to the vexation caused by the defendant in residing from his attitude not to cross-examine and then accusing the Court and afterwards also not exercising the right when allowed to do so. It is also pointed out that on behalf of the defendant no attempt has been made to admit or deny the documents filed by the other side and the learned District Judge has been of the opinion that the defendant has been employing dilatory tactics. Having regard to this observation and also because where the suit is based upon the oral loan, the examination of the defendant in Court so as to enable his demeanor to be observed cannot but be considered most essential. The learned District Judge has pointed out that the defendant has not produced any medical certificates and the application is not based on grounds of illness or inability to travel the distance from Calcutta to Adilabad. In the view the learned District Judge has taken about the conduct of the defendant and of the n






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