PRAYER: To appoint an Advocate Commissioner to record the evidence of the Applicant/Plaintiff at her residence No.8, Bharathi Nagar, Thirumullaivoyal, Chennai 600 062.

ORDER

This application has been filed to permit to appoint an Advocate Commissioner to record the evidence of the Applicant/Plaintiff at her residence No.8, Bharathi Nagar, Thirumullaivoyal, Chennai 600 062.

2. It is submitted that the suit has been filed for letters of administration with Will dated 16.07.1997 executed by the late father of the petitioner. Since the petitioner is suffering from age related ailments such as Planter Calcaneal Spurs and Bilateral Grade II Osteoarthiritis both in the knee and the ankle of the leg, this application has been filed seeking appointment of Advocate commissioner for the examination of the applicant/plaintiff as PW1 in her residence.

3. Learned counsel for the respondent submits that he has got no objection in allowing this application and has made an endorsement to that effect.

4. Considering the reasons stated in the affidavit filed in support of this application and the medical condition of the applicant/petitioner, this application deserves to be allowed and both the learned counsels for parties have requested for appointment of Mr.T.Mohan, learned counsel as Advocate Commissioner.

Accordingly, Mr.T.Mohan, learned counsel is appointed as Advocate Commissioner to visit the premises of the Applicant/Plaintiff at her residence No.8, Bharathi Nagar, Thirumullaivoyal, Chennai 600 062 and record the evidence in accordance with law. The applicant shall make all necessary arrangements for secretarial assistance and transportation for the Advocate Commissioner. The Registry is directed to do the needful so as to enable the Advocate Commissioner to record the evidence and mark the documents. The initial remuneration of the Advocate Commissioner is fixed at Rs. 60,000/-. The applicant/plaintiff shall pay the Advocate Commissioner’s fee directly to the Advocate Commissioner. The Advocate Commissioner is further directed to record the evidence, without causing any unnecessary delay, having regard to the fact that the witness is an aged and sick person, and to file the recorded evidence along with a report of proceedings forthwith before this Court on 27.08.2026.

5. Accordingly, this application is allowed. No costs.

21-07-2026

Index: Yes/No

Speaking/Non-speaking order

Neutral Citation: Yes/No

AY