Punjab-Haryana High Court
Brig. Jasbir Singh (Retired) Son Of Late ... vs Smt. Amrita Singh Alias Smt. Amrit Kaur ... on 25 July, 2013
Author: K. Kannan
Bench: K. Kannan
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No.6549 of 2012 (O&M)
Date of decision: 24.07.2013
Brig. Jasbir Singh (retired) son of late Shri Brig. Balbir Singh,
resident of Banglow No.331, Sector 9-D, Chandigarh, presently
residing at Valley View Villa, Post Office Kalika, Village Naini
(Ranikhet), District Almora (Uttrakhand).
...Petitioner
versus
Smt. Amrita Singh alias Smt. Amrit Kaur wife of Shri Lt. Col. Vir
Amol Singh (retired), resident of V311, Army Flats, Mansa Devi
Complex, Panchkula, Haryana, temporarily residing at House
No.331, Sector 9-D, Chandigarh, and others.
....Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
----
Present: Mr. A.K. Sinha, Advocate,
for the petitioner.
Mr. Anil Pal Singh Shergill, Advocate,
for respondents 1 to 4.
None for respondent No.5.
Mr. Harsimran Singh Sethi, Advocate,
for respondent No.6.
----
1. Whether reporters of local papers may be allowed to see the
judgment ? No.
2. To be referred to the reporters or not ? No.
3. Whether the judgment should be reported in the digest ? No.
----
K.Kannan, J. (Oral)
1. Both counsel agree that an Advocate Commissioner could be appointed for examination of the plaintiff. The counsel for the petitioner himself states that the cost the Commission will be Kumar Sanjeev 2013.07.26 11:02 I attest to the accuracy and integrity of this document chandigarh Civil Revision No.6549 of 2012 (O&M) -2- borne by the plaintiff. This, I hold, shall be irrespective of the result of the case. The trial Judge shall appoint senior-most amongst lawyers in the panel of Commissioners as a Commissioner to record the evidence of the plaintiff. The venue of Commission shall be the Chief Judicial Magistrate Court's premises at Dehradun. The order of Commission shall be communicated to the Chief Judicial Magistrate for making appropriate arrangements for allocating the place for examination of witness at the Commission.
2. The remuneration for the Commissioner shall be fixed by the trial Judge in accordance with rules and practice. The petitioner shall also be liable to pay ` 10,000/- for transport expenses of the defendant at every effective hearing of the Commission. The effective hearing date will be when the Commissioner shows up at the venue after notice to parties informing them about the date of hearing. The endeavour shall be made by the Commissioner to conclude the hearing as expeditiously as possible and fixing the date which is mutually convenient to parties, ideally on a holiday which will not disturb the proceedings of the Chief Judicial Magistrate at Dehradun. Since the defendant apprehends personal safety, the Chief Judicial Magistrate, Dehradun shall secure appropriate bandobast at the place where the enquiry is being conducted so that there is no scope for any physical harm or any untoward incident at the place of Commission. Kumar Sanjeev 2013.07.26 11:02 I attest to the accuracy and integrity of this document chandigarh Civil Revision No.6549 of 2012 (O&M) -3-
3. The order copy be communicated to the trial Court immediately. The order copy be also sent to the District Judge at Dehradun with a request to accommodate the hearing under the special circumstances in which the order is issued.
4. The Commissioner shall fix the date and inform the parties appropriately. The plaintiff shall serve proof of affidavit and the copies of documents which are sought to be relied on a week in advance, so that the defendant or the counsel is ready to conclude the cross-examination immediately on that day.
5. The civil revision is disposed of with the above directions.
(K.KANNAN) JUDGE 24.07.2013 sanjeev Kumar Sanjeev 2013.07.26 11:02 I attest to the accuracy and integrity of this document chandigarh