W.P.No.9937/2010
Smt.Noorjhan Begum Syed Nazar Ali & another
10.8.2010
Shri Jitesh Shrivastava, counsel for petitioner.
Shri R.P.Khare, counsel for respondents.
This petition is directed against an order dated 8.4.2010
passed by II Additional District Judge, Jabalpur, by which an
application filed by the petitioner under Order 26 Rule 1 read with
Order 26 Rule 9 C.P.C., was rejected.
The petitioner prayed before the trial Court that she is a
Muslim pardanasheen lady and as per the custom of Muslim
community pardanasheen ladies are not appearing in the Court and
prayed for issuance of commission for her examination. Apart from
this petitioner is also sick.
The trial Court rejected the application on the ground that
petitioner herself appeared in the office of Sub Registrar, Registration
and executed the sale deed. Her photograph was also taken in the
office of Sub Registrar. The application was not supported by an
affidavit, so it was rejected.
Before this Court learned counsel for parties have agreed that
if the statement of petitioner on commission is recorded in the office
of Advocate of either party, the respondents have no objection. The
aforesaid contention is made by Shri Khare on the ground that as
there is serious dispute in the matter and petitioner herein has
alienated the property in favour of respondent no.2, so it would not
be appropriate if the commission is issued for recording statement of
petitioner at her house.
To this contention, learned counsel for petitioner submitted
that he has no objection if the statement is recorded in the office of
Shri R.P.Khare, Advocate or in his office. Shri Khare has agreed that
if the statement is recorded in the office of Shri Jitesh Shrivastava,
Advocate, he has no objection.
In view of aforesaid, with the consent of parties, this petition is
W.P.No.9937/2010
Smt.Noorjhan Begum Syed Nazar Ali & another
finally disposed of with following directions :-
1. The trial Court is directed to issue a commission for recording
statement of petitioner on commission.
2. The aforesaid commission shall be executed in the office of
Shri Jitesh Shrivastava, Advocate on the date and time, as may be
fixed by the trial Court.
3. The Commission fee shall be born by the petitioner.
The parties present herein shall communicate this order to the
trial Court on the next date i.e. 16.8.2010, on which date the trial
Court shall pass an appropriate order in this regard.
C.C., as per rules.
(Krishn Kumar Lahoti) (J.K.Maheshwari)
JUDGE JUDGE
M.