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Raj Kumar Sen Chowdhury Vs. Ram Sundar Shaha - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Judge
Reported in(1932)34BOMLR526
AppellantRaj Kumar Sen Chowdhury
RespondentRam Sundar Shaha
Excerpt:
.....(act v of 1908), order xxvi, rule 1-commission-examination of witnesses-court's duly to prevent abuses-cross-examination-agreement to sell-understanding of its terms by vendor not necessary.; the court should check abases in the cross-examination of witnesses on commission, when such examination is unduly protracted and is wholly irrelevant to the issues raised in the suit.; the high court has power to direct an inquiry with a view to disciplinary action in flagrant oases which come under its notice at the hearing of appeals. ; it is not necessary that the vendor, when executing a bainapatra (agreement to sell) prepared by his lawyer, should have understood all its terms. ; it is enough if he understood the nature of the transaction and knew he was selling his property at a certain..........trial by the vakils on both sides, were quite irrelevant to the suit.2. in another appeal with an enormous record from the same high court it was recently stated that the cross-examination on commission of a purdahanashin lady lasted for a hundred days. in their lordships' opinion it is imperative that an abuse of this kind, which enormously increases the costs of litigation without any corresponding benefit to the parties, should be checked, and it would appear to be clearly within the powers of the high courts to direct an enquiry with a view to disciplinary action in flagrant cases which come under their notice at the hearing of appeals.3. witnesses have been asked if kali narayan could have under stood all the terms of the bainapatra, but that was unnecessary. it was enough if he.....
Judgment:

John Wallis, J.

1. Disputes about the dispositions and contracts of people of advanced age and failing powers are always difficult cases to decide, and the difficulty is greatly increased when, as in the present case, the record has swollen to enormous size owing to the way in which the examination of the witnesses on commission was protracted, assuredly not in the interests of the parties. A scandalous instance of this abuse is to be found, as observed by the learned Judges of the High Court, in the examination of Ananda Roy, the principal witness for the plaintiffs, which takes up two hundred and twenty-six pages of the record, and contains twelve hundred and fifty questions and answers, most of which, as admitted at the trial by the vakils on both sides, were quite irrelevant to the suit.

2. In another appeal with an enormous record from the same High Court it was recently stated that the cross-examination on commission of a purdahanashin lady lasted for a hundred days. In their Lordships' opinion it is imperative that an abuse of this kind, which enormously increases the costs of litigation without any corresponding benefit to the parties, should be checked, and it would appear to be clearly within the powers of the High Courts to direct an enquiry with a view to disciplinary action in flagrant cases which come under their notice at the hearing of appeals.

3. Witnesses have been asked if Kali Narayan could have under stood all the terms of the bainapatra, but that was unnecessary. It was enough if he knew he was selling his property on terms approved by his protector Ananda by a document prepared by the estate lawyer. In India, as here, it is enough for the executant of a legal document to understand the nature of the transaction, leaving the details to his lawyer.


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