RAJENDRA KUMAR CHATURVEDI versus SMT. RAJ KUMARI SAHGAL & OTHERS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Rajendra Kumar Chaturvedi v. Smt. Raj Kumari Sahgal & Others - WRIT - C No. 36717 of 2007 [2007] RD-AH 13816 (9 August 2007)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Janardan Sahai,J

`Heard counsel for the petitioner and Sri V.S.Shandilya counsel for the respondent.

The application of the petitioner who is defendant in the suit to be examined on commission was refused by the trial court. The revision against that order has also been dismissed. The finding is that the petitioner has not filed any such medical certificate that he has been advised not to move out. The case is pending in Mauranipur, Jhansi and the petitioner is also a resident of that place. Ordinarily statement of the party ought to be recorded in open court. The finding of the court below rejecting the petitioner's  application for examination on commission does not suffer from any illegality. Dismissed. However, the petitioner may apply for being provided with a chair when his statement is recorded.

9.8.07sm

wp 36717/07

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