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2006 DIGILAW 301 (PNJ)

New India Assurance Co. Ltd v. Dewan Chand Gandhi

2006-02-03

JASBIR SINGH

body2006
Judgment 1. Vide order under challenge, application of the petitioner for appointment of Local Commissioner for the purpose of verification regarding driving licence of driver of the insured vehicle was dismissed. 2. Application was dismissed on the ground that it has been moved at a belated stage and, furthermore, there is no report of the surveyor on record that the licence was fake. 3. It is apparent from the records and not disputed that originally licence was issued by Licencing Authority, Central Zone, Hyderabad, though it was subsequently renewed by the authority at Faridkot. 4. In view of the above, this Court feels that the application should have been allowed and Local Commissioner would have been appointed by the Court below. As the office of the Licencing Authority, hyderabad is situated at a far-off distance, it will be convenient even for the trial Court to get the contents of the licence verified by appointing a local Commissioner. 5. In view of the above, this revision petition is allowed. Order under challenge is set aside. Court below is directed to appoint a Local commissioner as prayed in the application (Annexure P.1) moved by the petitioner. As the petitioner has moved this application at a belated stage, order passed is subject to payment of Rs.2,000/- to be paid by the petitioner to the respondent on the next date before the trial Court.