Madras High CourtA/5448/2023allowed

P.Changaiah v. J.Satish Kumar

2023-10-19Honourable Mr Justice Abdul Quddhose3 pages

A.No.5448 of 2023 in C.S.No.193 of 2020 ABDUL QUDDHOSE.J., P.Changaiah ...

Applicant Vs.

J.Satish Kumar and Others ...

Respondents ***** This application has been filed, seeking to appoint an advocate commissioner for the purpose of examining the applicant / plaintiff as a witness in his residence on account of his old age and his ailments.

2. This Court has perused and examined the contents of the affidavit filed in support of this application and is of the considered view that sufficient cause has been shown by the applicant / plaintiff for appointment of an advocate commissioner to examine the applicant / plaintiff, P.Changaiah as a witness on behalf of the plaintiff at his residence.

3. The respondents cannot raise any objection with regard to this application, considering the nature of the application and the age and the 1/3

medical conditions of the applicant / plaintiff. Therefore, this application is allowed as prayed for by issuing the following directions: a) Mr.B.Keshava Ramanujan, Advocate, having office at No.2, Law Chambers, Madras High Court, Chennai - 104 (Mob. No.89733 15739) is appointed as the advocate commissioner, who is directed to record the oral and documentary evidence of the applicant / plaintiff in the presence of the respondent's counsel after giving due notice to them and submit a report along with the evidence of the applicant / plaintiff on the next hearing date; b) Registry is directed to issue the warrant of commission tomorrow (i.e., on 20.10.

2023) and also directed to handover copies of the documents / pleadings required by the advocate commissioner for recording the evidence of the applicant / plaintiff at his residence; c) The advocate commissioner shall be paid an initial remuneration of Rs.20,000/- which shall be paid by the applicant / plaintiff before the warrant of commission is executed by the advocate commissioner. 19.10.2023 ab Note: Issue Order Copy Today (i.e., on 19.10.

ABDUL QUDDHOSE.J., ab A.No.5448 of 2023 in C.S.No.193 of 2020 19.10.2023 (1/2) 3/3