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Rahimannessa Bibi Vs. Sk. Halim - Court Judgment

LegalCrystal Citation
Subject Civil
CourtKolkata
Decided On
Reported inAIR1928Cal814,114Ind.Cas.95
AppellantRahimannessa Bibi
RespondentSk. Halim
Excerpt:
- 1. this rule was obtained against the opposite party to show cause why the order of the district judge of 24 pargannas refusing to allow the petitioner who is a a pardanashin lady to be examined on commission should not be set aside. section 132, civil p.c., recognizes the right of ladies who are behind parda according to the custom of the country to require that their evidence, if necessary, should be taken on commission. this is a right which the court has no power to deny.2. the order of the learned district judge is set aside and it is ordered that evidence of the petitioner be taken on commission. the rule is made absolute and the petitioner will have her costs in this rule, the hearing-fee in this rule being assessed at one gold mohur.
Judgment:

1. This Rule was obtained against the opposite party to show cause why the order of the District Judge of 24 Pargannas refusing to allow the petitioner who is a a pardanashin lady to be examined on commission should not be set aside. Section 132, Civil P.C., recognizes the right of ladies who are behind parda according to the custom of the country to require that their evidence, if necessary, should be taken on commission. This is a right which the Court has no power to deny.

2. The order of the learned District Judge is set aside and it is ordered that evidence of the petitioner be taken on commission. The Rule is made absolute and the petitioner will have her costs in this Rule, the hearing-fee in this Rule being assessed at one gold mohur.


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