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2007 Supreme(P&H) 855
PUNJAB & HARYANA HIGH COURT
Pritam Pal, J.
Swinder Kaur
Versus
Lal Chand
C.R No. 1980 of 2007,
Decided On : APRIL 17, 2007
The court has the discretion to dismiss an application for sending a commission to examine a witness if there is insufficient evidence of the witness's inability to move and uncertainty about the witness's location.
Headnote:
Commission - Examination of Witness - The court dismissed the application for sending a commission to examine a witness, as the medical record did not clearly show the witness's inability to move and the witness's location was unknown. The petitioners were granted one opportunity to examine the witness in court.
Fact of the Case:
The petitioners filed a Civil Revision under article 227 of the Constitution of India against the dismissal of their application for sending a commission to examine a witness.
Finding of the Court:
The court found that the application for sending a commission was dismissed as the medical record did not clearly indicate the witness's inability to move and the witness's location was unknown. The petitioners were granted one opportunity to examine the witness in court.
Issues: The issue was whether the application for sending a commission to examine a witness should be granted.
Ratio Decidendi: The court decided that in the absence of clear evidence of the witness's inability to move and uncertainty about the witness's location, the application for sending a commission was dismissed. However, the petitioners were granted one opportunity to examine the witness in court.
Final Decision: The Civil Revision stands dismissed in limine, but the trial Court shall give one opportunity to the petitioners/plaintiffs to examine the witness in court if she is brought in for her examination.
Pritam Pal and J JJ.
1. This Civil Revision by petitioners/plaintiffs, filed under article 227 of the Constitution of India, is directed against order dated march 07,2007,whereby an application for sending Commission to examine one Rattan Kaur, has been dismissed. Suffice it to say that an application for sending commission was moved, when the petitioners were granted last opportunity for adducing their entire evidence. Moreover, the medical record placed on the file does not show, if the witness to be examined on commission, is unable to move. However, a certificate of the doctor from tarn Taran, is placed on the file, wherein rest has been advised to Rattan kaur, stated to be a witness in this case. Counsel for the petitioners is also unable to say as to where the said witness is residing. Taking an over-all view of the facts and circumstances, no interference is called for in the impugned order. Hence, this Civil Revision stands dismissed in limine. However, the trial Court shall give one opportunity to the petitioners/plaintiffs to examine said Rattan Kaur, as a witness if she is brought in Court for her examination.
