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Madras High CourtA/2920/2021allowed

M.V.Krishna Rao (Since Deceased) 1.Mrs.Seetharajakumari And 5 Others v. K.Shivakumar And 2 Others

2021-09-03Honourable Mr Justice N. Seshasayee3 pages

N.SESHASAYEE , J.

The above application has filed by the applicants to appoint an Advocate Commissioner / Master for the purpose of recording evidence through Video conference in C.S.No.925 of 2010 and Tr.C.S.No.768 of 2013. 2.D.W.2 in this case was examined from the side of the 3rd defendant. After chief and cross examination of D.W.1 and D.W.2, the 1st defendant was examined as D.W.3 and cross examination in part was conducted and posted for the continuation of cross examination of D.W.3 on 17.03.2020. However, due to COVID - lockdown (in the beginning of phase-2) the case was not listed to proceed further for cross examination of D.W.3 and the rest of the witnesses. The suit was thereafter listed before the Additional Master-II for conducting continuation of cross examination of D.W.3 and the same was adjourned to 17.08.2021. The applicant / 2nd plaintiff therefore seeks leave of this Court to conduct the case through video conference since she herself was

down with Covid.

2.Counter has been filed by the defendants. This Court perused the same. 3.Heard both sides.

4.This Court is keen to record that in the given circumstances most of the Courts are hearing the cases in virtual mode and hence this Court considers it appropriate to record the evidence and conduct the case through virtual mode.

5.Therefore, the matter is referred back to the learned Additional Master No.II on 14.09.2021 at 4.00 p.m. for continuation of cross examination of D.W.3.

6.This application stands allowed accordingly. 03.09.2021 kas N.SESHASAYEE, J.

kas

03.09.2021