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1952 Supreme(Bom) 133

GAJENDRAGADKAR, VYAS
Kanji Karsondas – Appellant
Versus
Nathubhai Khimji – Respondent


Advocates:
B.N. Gokhale, for Petitioners; B.G. Pradhan, for Opponent.

Judgement

GAJENDRAGADKAR, J. :- The short point which arises in this revisional application is what is the meaning and denotation of the expression "the expenses of the commission" used in O.26, R.15. A suit for dissolution of partnership and accounts, No.2 of 1952, has been filed by the opponent against the petitioners in the Court of the Civil Judge, Senior Division, at Jalgaon, on 20-2-1952. On 11-9-1952, the plaintiff applied that a Commissioner should be appointed to examine five of his witnesses who reside at Bombay, which is at a distance of more than 200 miles from the Court. The learned Judge has allowed this application. At the time when this application was considered by him, it was argued by the defendants that before the commission was ordered to be issued, the plaintiff should be asked to deposit the costs which would be incurred by the defendants in going to Bombay before the Commissioner. This prayer has been rejected, and in the present revisional application preferred by the defendants the only point which has been raised for our decision is that the learned Judge refused to exercise jurisdiction vested in him under O.26 R.15, in that he took the view that it was n











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