1954 Supreme(Raj) 200
WANCHOO, DAVE
Jiwibai – Appellant
Versus
Messers Laxmichand Abasbhai – Respondent
Advocates Appeared:
B K. Acharya, for Applicant
Wanchoo, C.J.—This is a revision by Jiwibai under sec. 115 of the Code of Civil Procedure. She was an objector under Order XXI, rule 58 in the court of the District Judge of Pali. She made an applicant that as she was ill, she might be examined on commission This application was allowed and the court ordered her to pay Rs. 20/- as commission fee and a further sum of Rs. 45/- as expenses of the counsel for the opposite party. The applicant objects to the latter part of the order and it is submitted on her behalf that it was not open to the court to saddle the applicant with costs of the counsel of the opposite party under Order XXVI, rule 15. We agree with the learned counsel that expenses of commission as provided in Order XXVI rule 15 do not include expenses of the other party other than one applying for the commission occasioned by for issue of the commission. But that in our opinion does not dispose of the matter. The order of the court below is not sepecifica-lly under Order XXXVI rule.15. The circumstances of this case are that it was the objector herself who wanted her evidence to be taken on commission because she was ill. Generally speaking, the party cannot ask the court t
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