High CourtsSingle Bench(1965) 07 RAJ CK 0006

Smt. Sakina and Another vs Smt. Zainab Bibi

Rajasthan High Court · Decided on 14 July 1965 · Citation: AIR 1967 Raj 122 : (1965) RLW 485

HON’BLE JUDGES
Jagat Narayan, J
RESULT
Dismissed
CASE NUMBER
Civil Revision No. 34 of 1965

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Judgment

4 paragraphs · 195 words

Jagat Narayan, J.—This is a revision application by the defendants Smt. Sakina Bibi and Smt. Fahmida Begum against an order of the Civil Judge, Ajmer on their application for their examination on commission under Order 26, Rule 1 CPC on the ground that they are ''Pardanashin'' ladies.

2.

The learned Civil Judge has directed that they shall either be examined in his court room after excluding all members of the public unconnected with the suit or in his chamber. They can come completely covered in ''Burkha''.

3.

The order of the learned Civil Judge is in accordance with the view taken by the Madras and Calcutta High Courts This Court has not taken a contrary view.

4.

On behalf of the applicants it is contended that the view taken by the Allahabad and the Patna High Courts should be followed by this Court. Considering that the system of observing ''Parda'' is being relaxed throughout the country, I see no reason to interfere with the order of the learned Civil Judge, and dismiss the revision application. In the circumstances of the case I direct that the parties shall bear their own costs of this revision application.