Gopal vs Goswami Shri Kishorpuri & Ors

By this writ petition, a challenge is made to the order dated 01st August, 2017, whereby, the evidence of the respondent No.1 ? Goswami Shri

Kishorpuri is ordered to be recorded on commission. It is taking into consideration his age and ailment.

Learned counsel for the petitioner submits that a practice has been adopted to record statement on commission, though, the respondent No. 1 -

Goswami Shri Kishorpuri can move and, in fact, participating in many functions for the aforesaid.

A reference of paper clipping was also given, in pursuant to which, the respondent No.1 was directed to file an affidavit that he has not moved

anywhere in past three years and, specifically, out of India. An affidavit has been filed. Para No.4 of the said affidavit is quoted hereunder for

ready reference :

That the Deponent hereby undertakes to examine himself on commission either at his residence at Mehandipur Ke Balaji or at private hotel

Narain Palace at Narain Singh Circle, at Jaipur and would abide by any terms or conditions which the Hon?ble may fix or impose upon him

including bearing expenses for commissioner.

The perusal of the para quoted above shows that the respondent No.1 is willing to get his examination either at his residence at Mehandipur Ke

Balaji or at hotel Narain Palace, Jaipur. It is admitted that the respondent No.1 is residing at Mehandipur Ke Balaji and, if statement on

commission is ordered to be recorded in hotel Narain Palace, Jaipur then need to travel around 100 km. If the respondent No.1 can travel 100 km

then there seems no reason as to why he cannot travel 130 km, as distance between Jaipur and Chomun is around 30 km.

In view of the above, the order dated 01st August, 2017 to record statement on commission of respondent No.1 - Goswami Shri Kishorpuri is

set aside. Let the respondent No. 1 - Goswami Shri Kishorpuri be examined in the Court. Looking to his age, the Court below is directed to

record his statement on priority on the date fixed for it.

With the aforesaid, the writ petition is disposed of.