Abdurahiman Settu vs Muhammad Kasam Settu

Mack, J.—The Subordinate Judge dismissed an application by the plaintiff-petitioner for payment of Rs. 1000 (Rupees one thousand) by the first defendant to defray the expenses in a commission to examine witnesses in various places ordered to be taken out at the instance of the first defendant. The Subordinate Judge was doubtful whether he could order such costs under Order 26, Rule 15 of the Civil Procedure Code. The " expenses of the commission " can be made to include expenses of the other parties to the litigation and can in suitable cases be ordered to be deposited by the party at whose instance the commission was taken out. The Subordinate Judge however expressed his view that this was not a fit case in which any such deposit should be ordered. Plaintiff''s expenses incurred in the commission will of course be considered at the time of judgment when the value of the evidence obtained by this commission can be fully assessed. Petition is dismissed but in the circumstances without any order as to costs.