$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI I.A. 30549/2025 IN + CS(OS) 95/2023 SAVITA GUPTA .....Plaintiff Through: Mr. Ashish Garg, Advocate.

versus NASEEM BEGUM & ORS. .....Defendants Through: Mr. Satyajit Sarna and Ms. Gayatri Verma, Advocates for D-1 to D-3.

CORAM:

HON'BLE MR. JUSTICE AMIT BANSAL

O R D E R

% 08.12.2025 I.A. 30549/2025 (u/O-XXVI R-1 CPC)

1. This application has been filed on behalf of the plaintiff seeking appointment of a Local Commissioner for recording of evidence.

2. The grievance of the plaintiff is that issues in the suit were framed on 15^th April, 2025 and thereafter, the matter was posted before the Joint Registrar for recording of evidence.

3. On four (4) consecutive dates, i.e., 27^th May, 2025, 6^th August, 2025, 4^th September, 2025 and 3^rd December, 2025, the Joint Registrar has been on leave.

4. Mr. Satyajit Sarna, counsel appearing on behalf of the defendants does not oppose the appointment of a Local Commissioner, subject to the plaintiff bearing the fees of the Local Commissioner.

5. Accordingly, Ms. Sarita Birbal, Former Principal District & Sessions Judge (North-East) (Mobile No.: +91-9910384716) is appointed as a Local Commissioner for recording of evidence. The following directions are passed in this regard:

a. The fees of the Local Commissioner is fixed at Rs. 15,000 per hearing per hour, which shall be borne by the plaintiff.

b. The evidence will be recorded by the Local Commissioner within the High Court precincts.

c. No hearing fee shall be payable on the dates when the matter is simplicitor adjourned on joint request, subject to parties duly informing the Local Commissioner at least 24 hours in advance; or else the session fees will be payable by the party seeking adjournment.

d. The Local Commissioner shall record the evidence in strict compliance with the Guidelines approved on 1^st July, 2024. The Registry is directed to send the present order along with a copy of the aforesaid Guidelines to the Local Commissioner via email for information, besides a hard copy of the present order to be supplied to her through the plaintiff's/ defendants’ counsel. The Registry shall also provide the file of the suit to the Local Commissioner.

e. The Local Commissioner is requested to complete the recording of evidence in the suit within four (4) months from the date the Local Commissioner holds the first session.

f. Counsel for the parties shall approach the Local Commissioner within two (2) weeks from today for fixing dates for recording of evidence.

g. The attendant costs of each hearing, i.e. venue and stenographer will also be borne by the plaintiff.

h. The parties shall provide full assistance to the Local Commissioner for recording of evidence.

6. The application stands disposed of in the aforesaid terms.

AMIT BANSAL, J DECEMBER 8, 2025 Rzu