:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO. 3452 OF 2008 OF MOTION NO. 3452 OF 2008 OF MOTION NO. 3452 OF 2008 IN IN IN SUIT SUIT SUIT NO. 917 OF 1981 NO. 917 OF 1981 NO. 917 OF 1981 Randhir Singh Bhalla. ... Plaintiff. V/s. Shri Bhavani Co-operative Hsg. Society Ltd. ... Defendants. Mr. D.V. Merchant, Sr. Counsel i/b. M/s. Shah & Sanghvi for the Plaintiff. Mr. S. Deshpande for the Defendant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 12TH 12TH 12TH NOVEMBER 2008. NOVEMBER 2008. NOVEMBER 2008. P.C. P.C. P.C. : : : . Heard Mr. Merchant, learned Senior Counsel appearing for the Plaintiff and Mr. Deshpande appearing for the Defendants. Perused the Notice of Motion and the affidavit in support. 2. There is no affidavit in reply but it is contended by Mr. Deshpande appearing for the Defendants that in this Suit issues have yet to be framed. Secondly, he submits that this Motion is not maintainable in law inasmuch as no case is made out for invoking order 26 Rule 4 of C.P.C. This is not a case where the Plaintiff is unable to attend the Court. :2: 3. In my view, nothing has been pointed out in law which would prevent the Court from issuing the directions as prayed only because the issues are not framed in the Suit. The issues can be framed and at the same time such directions can be given. Even otherwise, these directions would be in addition to the one passed while framing the issues. Further, in the light of the fact that none of the averments and statements in the affidavit in support are denied or disputed so also the Plaintiffs being a Senior Citizen aged 81 years and suffering from several ailments, it would in the interest of justice if the Motion is made absolute in terms of prayer clause (a). All the more, when the Plaintiff is agreeable to bear costs of the Commission, costs of travelling of the Defendants’ representative, their Advocate including their stay at Delhi. 4. In these circumstances, the Notice of Motion is made absolute in terms of prayer clause (a). 5. Mr. Salil Shah, practising Advocate of this Court is appointed as Commissioner to record evidence of the Plaintiff at New Delhi. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)