Managing Committee, Guru Nanak Khalsa College and Another vs Mrs. Kewal Kumari and Others

V.K. Bali, J.—The defendant/petitioners herein prayed for examination of Alina Singh, defendant on commission under the provisions contained under Order 26, Rule 1 C. P. C. This prayer was declined vide order dated 26.8.3992. Hence the present revision. It was pleaded in the application aforesaid, that Atma Singh who is president of defendant No. 1 was a victim of ghastly attack on his life when he was fired at but luckily survived. There was a danger to his life and it was not safe for him to roam about at public places. It is also pleaded that be was a heart patient and a pace-maker has been fitted to him. The doctors had advised him to be free from any kind of tension. His hearing faculty was also impaired at the time when he was attacked. This innocent prayer was hotiy contested on variety of ground like Atma Singh was president of the Managing Committee of an Educational Institution and was almost daily visiting the said institution since 1988. He was in his capacity as president even signing various documents. He was even delivering speeches and was departing necessary instructions to the school and college staff and was daily taking part in the day to day functioning of these institutions. By observing, that Atma Singh was president of the Managing Committee and was attending the meetings and was not confined to the bed and the prayer made in the application was rejected. After hearing the learned counsel for the parties, I am of the considered view that the trial Court proceeded in the matter illegally or in any case, it is a case of exercise of discretion in an irregular way. It is not necessary for a party of a witness to claim examination en commission only on proof of the fact that he is confined to the bed There are number of justifiable grounds and examination on commission primarily depends upon facts and circumstances of each case. Atma Singh was a victim of a murderous attack on him and has been provided police escort. He is also a heart-patient and has got a pace maker fitted. If evidence of such a wit ness was to be recorded at some place other than the court premhes where stress and tension is always more, no harm would have been done to the respondents nor any prejudice would have been caused. It is thus ordered that evidence of Atma Singh defendant No. 2 shall be recorded in college premises and obviously it shall be open for the respondents herein to cross-examine him. The trial court will fix a date and time for examination of Atma Singh and it shall be open for the parties and counsel to be present there. The impugned order is set aside and the present revision petition is allowed with no order as to costs. Parties through their counsel are directed to appear in the trial Court on 16th December, 1992.