Skip to content


Smt. Sakina and anr. Vs. Smt. Zainab Bibi - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtRajasthan High Court
Decided On
Case NumberCivil Revn. No. 34 of 1965
Judge
Reported inAIR1967Raj122
ActsCode of Civil Procedure (CPC) , 1908 - Sections 132 - Order 26, Rule 1
AppellantSmt. Sakina and anr.
RespondentSmt. Zainab Bibi
Appellant Advocate D.P. Gupta and; H.C. Rastogi, Advs.
Respondent Advocate A.C. Inani, Adv.
DispositionRevision dismissed
Excerpt:
- .....1 civil procedure code on the ground that they are 'pardanashin' ladies.2. the learned civil judge has directed that they shall either be examined in his court room after excluding all members of the public unconnected with the suit or in his chamber. they can come completely covered in 'burkha'.3. the order of the learned civil judge is in accordance with the view taken by the madras and calcutta high courts this court has not taken a contrary view.4. on behalf of the applicants it is contended that the view taken by the allahabadand the patna high courts should be followed by this court. considering that the system of observing 'parda' is being relaxed throughout the country, i see no reason to interfere with the order of the learned civil judge, and dismiss the revision.....
Judgment:
ORDER

Jagat Narayan, J.

1. This is a revision application by the defendants Smt. Sakina Bibi and Smt. Fahmida Begum against an order of the Civil Judge, Ajmer on their application for their examination on commission under Order 26, Rule 1 Civil Procedure Code on the ground that they are 'Pardanashin' ladies.

2. The learned Civil Judge has directed that they shall either be examined in his court room after excluding all members of the public unconnected with the suit or in his chamber. They can come completely covered in 'Burkha'.

3. The order of the learned Civil Judge is in accordance with the view taken by the Madras and Calcutta High Courts This Court has not taken a contrary view.

4. On behalf of the applicants it is contended that the view taken by the Allahabadand the Patna High Courts should be followed by this Court. Considering that the system of observing 'Parda' is being relaxed throughout the country, I see no reason to interfere with the order of the learned Civil Judge, and dismiss the revision application. In the circumstances of the case I direct that the parties shall bear their own costs of this revision application.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //