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1968 Supreme(Mad) 65

M.M.ISMAIL
Zabiya Bibi – Appellant
Versus
A. Sivaperumal – Respondent


Advocates:
N. Appu Rao, for Petitioner.
K. Raman, for Respondent.

ORDER:-

This is an application to revise an order of the learned District Munif of Salem, dated 7th December, 1966, dismissing an application filed by the petitioner for examining herself on commission. I must straightaway point out that the petitioner is the plaintiff in O.S.No. 674 of 1965 on the file of the learned District Munsif, Salem. The present I.A. No. 2003 of 1966 for the purpose of examining her on commission was filed on the ground that she was residing 200 miles away from Salem in Nilambur in Kerala State and her husband has been recently discharged from the Mental Hospital and she had been attending on her husband. The learned District Munsif dismissed the application holding that previously the respondent had filed an application directing the petitioner to be present in the Court and in that application no objection was taken by the petitioner that she could not because of the distance, be present, in Court. The learned District Munsif has further pointed out that Nilambur is not far away from the Court and that there is no difficulty for the petitioner to appear before the Court if she really intended to do so. It is to revise this order the present civil revision














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