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1998 Supreme(Del) 856

M.K.SHARMA
PANNA LAL SURI – Appellant
Versus
SURINDER KUMAR KHULLAR – Respondent


Dr. M. K. Sharma, J.

( 1 ) THIS order shall dispose of the application filed by the plaintiff under Order 26 Rules 1, 2 and 4 read with Order 16 Rule 19 Civil Procedure Code praying for allowing the plaintiff to examine the plaintiff and other five witnesses mentioned in the list of witnesses of the plaintiff, on commission at Calcutta instead of Delhi.

( 2 ) SUIT No. 885/1982 was instituted in this Court by the plaintiff seeking for a decree for possession and mesne profit, while Suit No. 1342/84 was instituted by the plaintiff in this court for specific performance of an agreement of sale. By an order passed by this court on 29th March, 1995 in Suit No. 1342/84 both the aforesaid suits were consolidated and ordered to be tried together. On 27th August, 1996, it was recorded by this court that the list of witnesses of the plaintiff was filed and accordingly Sh. M. L. Mehta, Joint Registrar was appointed as Local Commissioner for recording evidence in this suit. Parties were directed to appear before the Local Commissioner for fixing the dates of trial before the Local Commissioner. On 2nd December, 1996, counsel for the plaintiff submitted before this court that the witnesses of t







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