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Mohesh Chunder Addy Vs. Manick Lall Addy - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1899)ILR26Cal252
AppellantMohesh Chunder Addy
RespondentManick Lall Addy
Excerpt:
practice - commission, right of purdahnashin lady to be examined on--civil procedure; code (act xiv of 1882), section 640. - .....she was outcasted. there is evidence that on another occasion mentioned in the affidavits she appeared in public. undoubtedly on that occasion she did not observe the rules of the purdah, but the statement that she appeared in public is exaggerated. 'whether she took a seat beside mr. rose as alleged is not very clear. she was however covered with a chudder, which shows that she was not openly defying the rules and customs so strictly observed by hindu ladies. even assuming that a purdahnashin lady does offend against the rules of her class, i do not think that deprives her of her right to be examined under commission. i quite agree with trevelyan, j., in the case to which i have been referred. that was a stronger case than the present. for these reasons i shall issue a commission,.....
Judgment:

Stanley, J.

1. I am quite averse to granting commissions for the examination of witnesses, not merely on account of the expense, but also of their unsatisfactoriness. The laws of evidence are often not adhered to, and the advantage of viva voce examination before the Court is lost. At the same time the Legislature has thought fit to determine that purdahnashin ladies shall not be obliged to appear in public. The question is, is this lady to be examined under commission. On one occasion she did appear in Court in a palki. For so doing she was outcasted. There is evidence that on another occasion mentioned in the affidavits she appeared in public. Undoubtedly on that occasion she did not observe the rules of the purdah, but the statement that she appeared in public is exaggerated. 'Whether she took a seat beside Mr. Rose as alleged is not very clear. She was however covered with a chudder, which shows that she was not openly defying the rules and customs so strictly observed by Hindu ladies. Even assuming that a purdahnashin lady does offend against the rules of her class, I do not think that deprives her of her right to be examined under commission. I quite agree with Trevelyan, J., in the case to which I have been referred. That was a stronger case than the present. For these reasons I shall issue a commission, and I shall reserve the costs. Commission to issue in terms of summons. Counsel certified for.


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