1911 Supreme(Mad) 213

IN THE HIGH COURT OF MADRAS
Vidyapurna Thirthaswami and Anr. and Sitamma
Versus
Subraya and Anr.
Decided On : 11.08.1911

Entitlement to issue of commission for examination of witnesses and the risk associated with it.

Headnote:

Commission - Examination of Witnesses - The court held that the District Munsif was wrong in refusing to issue a commission for the examination of certain witnesses named in the 2nd defendant's petition. The defendants were entitled to the issue of commission, and it was at their own risk that the commission would be issued. The judgment of the appellate court was set aside, and the commission was directed to be issued by the appellate court as prayed for by the defendants. The appellate court was instructed to dispose of the appeal after consideration of that evidence and the other evidence already on record.

Fact of the Case:

The District Munsif refused to issue a commission for the examination of certain witnesses named in the 2nd defendant's petition.

Finding of the Court:

The court found that the defendants were entitled to the issue of commission and set aside the judgment of the appellate court, directing the commission to be issued. The appellate court was instructed to dispose of the appeal after considering the additional evidence.

Issues: The only question for disposal was that relating to the plea of limitation.

Ratio Decidendi: The defendants were entitled to the issue of commission for the examination of witnesses, and it was at their own risk that the commission would be issued.

Final Decision: The judgment of the appellate court was set aside, and the commission was directed to be issued by the appellate court as prayed for by the defendants. The appellate court was instructed to dispose of the appeal after consideration of the additional evidence.