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SANJAY V. GANGAPURWALA, D. BHARATHA CHAKRAVARTHY
MTS Raghavan (Deceased) Ms. Amrit Malini Raghavan – Appellant
Versus
Special Commissioner and Commissioner of ULC & ULT, Chennai – Respondent
JUDGMENT
(Prayer: Original Side Appeal filed under Clause 15 of the Letters Patent read with Order XXXVI Rule 1 and 9 of the Original Side Rules, praying to set aside the fair and decreetal order passed by the learned Judge in A.No.5731 of 2023 in C.S.No.82 of 2019 dated 07.11.2023.)
R. Mahadevan, J .
1. Heard the learned senior counsel appearing for the appellant as well as the first respondent herein and also perused the materials available on record.
2. The first respondent / plaintiff is the former Chief Minister of the State of Tamil Nadu and presently, the leader of Opposition party. In connection with a defamatory video pertaining to the criminal trespass, murder and robbery that occurred in the Kodanadu Estate belonging to the erstwhile Chief Minister of Tamil Nadu and former leader of the first respondent's political party, late Selvi J.Jayalalithaa in 2017, and the suspicious death of people, particularly, Mr.Kanakaraj, an accused, supposedly involved in the said crime, uploaded in the Youtube and in the social media, he had preferred a suit in O.S. No. 82 of 2019, against the appellant and respondents 2 to 7 herein / defendants 1 to 7 for the following reliefs:
The power to issue a commission for recording evidence is discretionary and should be exercised cautiously and sparingly, especially when the party to the litigation claims to be examined by a commis....
The court upheld the trial Court's discretion to appoint an advocate commissioner for recording evidence when a witness is unable to attend due to medical conditions, emphasizing justice over procedu....
The court has discretion to appoint an Advocate Commissioner to take evidence from a defendant unable to attend court due to health reasons, emphasizing the protection of fundamental rights.
The court affirmed the necessity to consider a defendant's health and age in granting commissions for evidence gathering, reinforcing the right to a fair trial.
The discretion of appointing an Advocate Commissioner under CPC does not equate to gathering evidence; it serves to resolve disputes of property boundaries effectively.
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