Case Note & Summary
The case involved a transfer petition filed by the wife seeking the transfer of her matrimonial suit from the Additional District Judge, Khandwa, Madhya Pradesh, to the District Judge, Jodhpur, Rajasthan. The petitioner argued that due to health problems and being a woman, she was unable to examine herself as a witness, leading to the closure of her evidence, which could prejudice her during final arguments. The court noted that the petitioner had been represented throughout the proceedings in Khandwa and questioned the timing of the transfer petition. However, after considering the circumstances, the court decided that it was in the interest of justice to allow the petitioner to examine herself. The court set aside the order that closed her evidence and directed that she be examined on commission in Jodhpur, along with any other witnesses she wished to examine. An Advocate Commissioner was to be appointed for this purpose, and the respondent was entitled to cross-examine the witnesses at Jodhpur, with the costs of the commission to be borne by the respondent. The transfer petition was disposed of with these observations.
Headnote
A) Civil Procedure - Transfer of Proceedings - Opportunity to Examine Witness - Code of Civil Procedure, 1908, Section Not mentioned - The court recognized the need for the petitioner to examine herself due to health issues and the prejudice caused by the closure of her evidence. The court set aside the order closing her evidence and directed her examination on commission in Jodhpur, ensuring justice is served (Paras 1-5).
Issue of Consideration
Whether the transfer of the matrimonial suit should be granted to allow the petitioner to examine herself as a witness.
Final Decision
The court set aside the order closing the petitioner's evidence and directed that she be examined on commission in Jodhpur, allowing her to present her case adequately.
Law Points
- Transfer of proceedings
- Examination of witnesses
- Justice
- Commission for evidence
