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1962 Supreme(Mad) 111

JAGADISAN
Ramakrishna Kulvant Rai – Appellant
Versus
F. E. Hardcastle & Co. (Private) Ltd. , – Respondent


Advocates:
G. Narayanan for Messrs. John and Row for Petitioner.
A. Ramachandran for Messrs. Row and Reddy, C. S. Padhmanaban instructed by Messrs. King and Partride, V. V. Raghavan and J. Nagarajan, for Respondents.

Order:-

This is a Civil Revision Petition under section 115, Civil Procedure Code to revise the order of the learned City Civil Judge (Fifth Assistant), Madras, directing the issue of a letter of request to the Chief Judge, Court of Small Causes at Bombay, to appoint a Commissioner to examine a witness.

The first defendant in the suit, O.S. No. 2280 of 1957, on the file of the City Civil Court, Madras, which is a private limited company, applied for the issue of a commission under Order 26, rule 4, Civil Procedure Code, to have the evidence of its manager recorded by a Commissioner at Bombay. The suit relates to an insurance claim by the plaintiff against the several defendants in the suit. The second defendant is the Insurance Company of which the first defendant is alleged to be the agent settling the insurance claims. The third defendant is the shipping company owning the steamer " S.S. Astra " which carried the goods from Naples to Madras, in respect of which the suit claim is launched. The fourth defendant is the Port Trust at Madras. The first defendant is carrying on business at Bombay, having its registered head office in that place. The application by the first defendant wa























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