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Sushil Kumar Bhatia (Advocate)     03 November 2008

party in suit living outside the jurisdictionf court can depose his case on oath through court commissioner

A party in the suit i.e.plaintiff who has filed a suit for rent and ejectment against defendent the plaintiff has himself signed plaint and verification on his personal knowledge .the plaintiff residing outside the jurisdiction of the court In his evidence firstly the power of attorney on behalf of plff.filed his affidavit as Plaintiff The affidavit and entity of POA was challenged by me as per the settle law of Honble Supreme court in case Janki Vasudev Bhojwani and another V/s Indusind Bank ltd and others ALR2005(58)page 440 and the lower court and revisional court held that POA cannot depose the case of plaintiff who has filed plaint on his personal knowledge thereafter the plff.further moved an application for commissioner as the plff wants to depose his case on oath i.e examination in chief thorugh Court commissioner and he has not filed his affidavit in chief the plff.is healthy and young person :my question is in this situation court can appoint commissioner for examination of plaintiff  who is residing outside the jurisdiction of the court ? ans if negative please cite some rulling thanking you .


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 1 Replies

ASHUTOSH (lawyer)     05 November 2008

yes if party wants local commissioner can go and record the evidence


 


 


ashutosh(adv)


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