Research › Search › Judgment

Madras High Court · body

2001 DIGILAW 683 (MAD)

Subburam v. Subbammal

2001-06-26

V.KANAGARAJ

body2001
Judgment :- 1. This Civil Revision Petition is directed against the fair and decretal order dated 3.7.2000 made in I.A. No. 273 of 2000 in O.S. No. 57 of 1996 by the Court of District Munsif. Srivilliputhur thereby allowing the petition filed by the first respondent herein under Order 26, Rule 1 and Section 151 of C.P.C. praying to appoint a Commission to examine her on account of her old age (reported to be 80 years at the time the petition is filed before the lower Court). 2. In the affidavit filed in support of the petition before the lower Court, the first respondent herein would assign reasons for her inability to appear before the Court on account of her old age and the lower Court also. In consideration of the genuineness of the case, has allowed the application for the appointment of the Advocate-Commissioner to examine the first respondent at her residence. 3. Today, when the above matter was taken up for consideration, the learned counsel appearing on behalf of the petitioner would dispute the Medical Certificate produced in support of the application before the lower Court. But, this Court is not inclined to go into the veracity of the Medical Certificate since at the outset the fact that the petitioner before the lower Court is aged about 80 years is not at all disputed and that itself is sufficient to hold that the petitioner may not be in a position to attend to the Court to depose in the suit. This itself is a good cause shown on the part of the petitioner before the lower Court for such an application to be allowed and the same has been rightly allowed by the lower Court. 4. The learned counsel appearing on behalf of the respondents 5 and 7 to 9 would submit that to the information imparted to him, in compliance of the order passed by the lower Court, the first respondent herein had already been examined on oath at her residence and her evidence was recorded by the Advocate-Commissioner appointed by the lower Court and on such account, the very Civil Revision Petition has become infructuous and would request the Court to dismiss the same at that score also. 5. 5. Whether on merit or as it is pointed out on the part of the contesting respondents, the above Civil Revision Petition cannot be sustained and the same becomes liable to be dismissed on merits and as infructuous and the same is dismissed accordingly. Consequently, C.M.P. No. 20536 of 2000 is also dismissed. No costs.