2023 Supreme(Online)(RAJ) 6083
RAJASTHAN HIGH COURT PRINCIPAL SEAT JODHPUR
MSSRS ALFAVISION OVERSEAS INDIA LTD., INDORE – Appellant
Versus
SANJAY KUMAR – Respondent
CW 9088 2023
[2023:RJ-JD:39590]
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[CW-9088/2023]
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 9088/2023
Mssrs Alfavision Overseas India Ltd., Indore, Through Its
Managing Director And Authorized Signatory Shri Vishnu Goyal
S/o Shri Gheesa Lal Goyal Aged About 58 Years, Resident Of 81,
Janki Nagar (Main), Indore (M.p.)
----Petitioner
Versus
Sanjay Kumar S/o Shri Suresh Soni, B/c Soni, Resident Of At
Present Near State Bank Of India, Nagoriyon Ki Pole, Chhoti
Sadri, District Pratapgarh
----Respondent
Connected With
S.B. Civil Writ Petition No. 9052/2023
Mssrs Alfavision Overseas India Ltd., Indore Through Its
Managing Director And Authorized Signatory Shri Vishnu Goyal
S/o Shri Gheesa Lal Goyal Aged About 578 Years, Resident Of -
81, Janki Nagar (Main), Indore (M.p).
----Petitioner
Versus
Rajendra Nabaria S/o Shri Mishri Lal, B/c Jain, Resident Of -
Sohan Ghati, Tehsil Nimbahera, District - Chittorgarh.
----Respondent
For Petitioner(s)
:
Mr. Abhinav Jain
For Respondent(s)
:
---
HON'BLE MR. JUSTICE ARUN MONGA
Order
20/11/2023
Vide this common order, above two cases are being disposed
of, wherein, the impugned orders of similar nature are under
challenge. Since facts are analogous and issues raised therein are
common, for brevity, recitals are taken from S.B. Civil Writ Petition
No. 9088/2023.
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2.
The petitioner has assailed
two
orders, both dated
31.05.2023 (Annexure. 7) passed by learned Additional District
Judge No. 2, Nimbahera, whereby, two applications in two
separate suits filed by petitioner-defendant under Order 26 Rule
4(1)(A) read with Section 151 CPC and Order 16 Rule 19 CPC
have been dismissed.
3.
Succinctly stated the facts of the case are:
3.1
The respondent herein filed a suit for recovery of money
before the learned trial Court. The petitioner appeared upon
service of summons and filed written statement denying the
averments made in the plaint.
3.2
It is averred in the petition herein that the respondent is a
politically influential person. That apart, there is an apparent
threat to the life of the petitioner if the petitioner travels to
Nimbahera. Therefore, the petitioner sought indulgence of the
court seeking adequate security for his travel to Nimbahera. The
court directed the Superintendent Police to provide armed police
officials available for his travel from Indore to Nimbahera.
3.3
The matter was listed on 07.02.2023 for the purpose of
recording the evidence of the petitioner's witnesses and on an
application for taking certain documents on record. However, the
trial court, closed the evidence of the petitioner.
3.4
Thereafter, the petitioner filed an application under Order 26
Rule 4(1)(a) read with Section 151 CPC and Order 16 Rule 19 CPC
for recording the evidence of the petitioner either through a
Commission or through video conferencing, citing his old age,
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medical ailments, and the fact that he resides 300 kilometers
away from Nimbahera.
3.5
Learned trial Court, vide order dated 31.05.2023 (Annexure.
7), dismissed the application of the petitioner.
4.
Learned counsel for the petitioner argues that the learned
trial court has wrongly rejected the applications of the petitioner
seeking the appointment of a Commission for recording the
evidence of the petitioner or by way of video conferencing. He
contends that the court below itself had found that there is threat
to the life of petitioner, and it would have been prudent for the
Court below to record the testimony of the petitioner through a
Commission. He further argues that the petitioner is suffering
from various medical ailments, and his health does not allow him
to travel all the way from Indore to Nimbahera. He, therefore,
prays for setting aside the impugned order.
5.
Given th