Both Order XVIII Rule 4 of the Code of Civil Procedure as well as Order XXVI Rule 4A of the Code of Civil Procedure enable the recording of evidence on commission as sought by the petitioner. Such permission can be granted 'in the interest of justice' as evident from Order XXVI Rule 4A of the Code of Civil Procedure. The demeanor of witness can also be recorded by the Advocate Commissioner as evident by Order XVIII Rule 4 of the Code of Civil Procedure
2. It is true that the petitioner has not produced medical records to show that she is suffering from knee problems and cannot stand for long. But the fact that the petitioner is a pardhanishan muslim lady of aged 64 years cannot be lost sight of. No prejudice would be caused to the respondents if the evidence of the petitioner in her claim petition is recorded by the Advocate Commissioner as sought. The respondents have ample opportunity to cross examine the petitioner in the presence of the Advocate Commissioner who will record the evidence.
O.P.(C) No. 1003 of 2014 2
3. I set aside the impugned order and allow E.A. No.
262/2013 in E.P. No. 163/2011 in O.S. No. 198/2010. The Court below shall forthwith appoint an Advocate Commissioner to record evidence and dispose of the claim petition itself within a period of two months.
The Original Petition is disposed of.
V.CHITAMBARESH JUDGE DCS