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1954 Supreme(Mad) 314

RAMASWAMI
In re, Srinivasalu Naicker – Appellant
Versus
. – Respondent


Advocates Appeared:
T.R. Ramachandran and T.K. Subba Rao, for Petitioner.

Judgement

ORDER : - This is a Civil Revision Petition which is sought to be filed against the order made by the learned Subordinate Judge of Coimbatore in I.A.174 of 1954 in O.S.167 of 1952.

2. The facts are: In O.S.167 of 1952 the 1st defendant contended that the material document on which the suit was based has been sent privately to the Handwriting Expert and that he has given his opinion that the endorsement on the material document is a forgery and that therefore as his evidence would be unavailable to the Court unless he is subjected to cross-examination and re-examination, a commission may be issued to examine him at Nagpur. The learned Subordinate Judge rejected this application and hence this Revision Petition.

3. The point for consideration is whether this order can be interfered with in revision?

4. First of all, the learned Subordinate Judge has held that it would be convenient and better to examine the witness in Court so that the Court may have an opportunity of hearing his evidence itself and seeing the demeanour of the witness. In my opinion, this is not at all an unreasonable ground for rejecting the application. It is quite true that parties should not be put to unnec























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