N.P.Abdulla And 5 Others v. T.Abdul Jabbar

A.No.3064 of 2025 in C.S.No.610 of 2016 C.V.KARTHIKEYAN, J.

This application has been filed to appoint an Advocate Commissioner to record the evidence of P.W.1 who knows only Malayalam and is not conversant with either the local language or English.

2. In the Original Side of this Court, among the post of interpreters, the post of Interpreter in Malayalam is also sanctioned, but unfortunately, not been filled up. Necessarily, help would have to be resorted outside.

3. The learned counsel for the plaintiffs has stated that he had made enquiries and had obtained the consent of Mrs.Sunitha Kumari, M.A., B.ed., (Malayalam), Teacher from Asan Memorial Senior Secondary School, Chennai - 600 006 to translate the questions put to the witness in Malayalam and to assist the Court while recording evidence.

4. The learned counsel for the defendant forwarded the name of the learned counsel Mr.R.Akilesh, Advocate (Enrollment No.1323/1999), Mobile Number : 9444001059, who is also conversant in Malayalam.

5. The Court places its deep appreciation to both the learned counsels for suggesting these names.

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C.V.KARTHIKEYAN, J.

gsk

6. In view of the above facts and circumstances, this application is allowed and accordingly, Mr.R.Akilesh, learned Advocate is appointed as an Advocate Commissioner to record evidence of P.W.1 / N.P.Abdulla. Even though the learned Advocate Commissioner knows Malayalam, to ensure the convenience among all the parties, Mrs.Sunitha Kumari, Teacher from Asan Memorial Senior Secondary School, Chennai - 600 006 may also be present during the recording of evidence.

7. The learned Advocate Commissioner may issue notice to the learned counsels and fix an appropriate date and time and record the evidence and forward the report to this Court along with the notes of evidence. It would be appreciable if the evidence of the said witness is recorded on or before 08.08.2025. Remuneration is required to be paid to the Advocate Commissioner. Hence, the initial remuneration of Rs.15,000/- (Rupees Fifteen Thousand Only) shall be paid to the Advocate Commissioner. The teacher Mrs.Sunitha Kumari may indicate whether as a teacher, it is permissible on her part to receive remuneration.

8. List the matter on 11.08.2025 for filing the report of the Advocate Commissioner along with the notes of evidence. 23.07.2025 gsk A.No.3064 of 2025 in C.S.No.610 of 2016 https://www.mhc.tn.gov.in/judis