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2023 Supreme(Del) 276

SANJEEV SACHDEVA, VIKAS MAHAJAN
Sakshi Gupta – Appellant
Versus
Ankur Gupta – Respondent


Advocates Appeared:
For the Appellant : Mr. Simarpal Singh Sawhney.
For the Respondent: Mr. Ashok Tabaria and Mr. Kamal Yadav.

JUDGMENT :

Sanjeev Sachdeva, J.

1. Appellant impugns order dated 05.12.2022 whereby the application of the appellant seeking appointment of Local Commissioner for recording evidence has been dismissed.

2. Learned counsel for the appellant submits that the appellant shall bear the entire costs of the recording of evidence by the Local Commissioner.

3. He submits that though the appellant does not have any money to pay the fee of Local Commissioner, however, for expeditious disposal of the case, her father is willing to support her. She shall accordingly borrow money from her father to pay to the fee of the Local Commissioner.

4. Learned counsel for the respondent submits that without prejudice to his rights and contentions, he has no objection to a Local Commissioner being appointed for recording of the evidence. He prays that in view of the nature of the dispute, a former Judge of the District Court be appointed as Local Commissioner to record the entire evidence.

5. With the consent of the parties, Mr. O.P. Gupta, District and Sessions Judge (Retd.), phone No.9910384645 is appointed as the Local Commissioner to record the entire evidence. The LC will be paid lump-sum amount of Rs.50,000

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