Back
1977 Supreme(MP) 800
IN THE HIGH COURT OF MADHYA PRADESH
G.P. SINGH, J.
Pyarasingh - Applicant
Vs.
Chandrabhan Dwivedi - Respondents
C. Reven. No. 459 of 1977 (J)
Decided On : 17-08-1977
For the Applicant : L.P. Sanghi
For the Respondent: C.L. Kotecha
Headnote:Civil P.C. 1908 - O. 26, R. 4 - trial Court refused to issue commission for examination of witnesses - their evidence not considered necessary in the interest of justice - order legal.
1. This revision is directed against an order by which the trial Court has refused to issue commission for examination of witnesses.
Held : The defendant-applicant is a tenant. The suit against him in which this revision arises is for his ejectment. The witnesses whom the applicant wants to examine on commission are residents of Punjab. The trial Court, having considered all the circumstances of the, case, has taken the view that the application for commission has not been made in good faith and that the object of the defendant-applicant in applying for commission is to delay the hearing of the suit. A commission under rule 4 of Order 26 of the Code of Civil Procedure can be issued for examination of a witness who cannot be ordered to attend the Court, in person only when "his evidence is considered necessary in the interest of justice". It is plain from the findings of the trial Court that the Court did not consider that the evidence of the witnesses, who are sought to be examined on commission, would be necessary in the interest of justice. As the Court below has applied correct principles in exercising its discretion in the matter of non-issuance of commission, no interference can be made in revision, because no question of jurisdiction or illegality or irregularity in the exercise of jurisdiction arises in the case. Revision dismissed.
