IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 7400 of 2008(E) ------------------------------------------ OS.56/2006 of ADL.SUB COURT, THALASSERY .................... PETITIONER: ISMAIL E.V., S/O.SOOPI HAJI, AGED 41, BUSINESS, EDACHERRI VEETTIL HOUSE, (P.O)MEAKKUNNU, (VIA) PERINGATHUR, THALASSERRY TALUK, KANNUR DISTRICT. BY ADV. SRI.P.NARAYANAN RESPONDENT: KASIM E.K., S/O.MAMMOO HAJI, AGED 42, BUSINESS, KUNNIYIL HOUSE, MEAKUNNU, THALASSERY TALUK, (P.O) PERINGATHUR, KANNUR DISTRICT. ADV. SRI.R.SURENDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P. Balachandran, J. -------------------------- W.P.(C)No.7400 of 2008 E -------------------------- JUDGMENT Petitioner, who is the plaintiff in O.S.No. 56/06 on the file of the Additional Sub Court, Thalassery, filed I.A.No.879/08 in the said suit for appointment of an Advocate Commissioner to record the evidence of a witness now employed in Dubai through Video Conferencing. The court below, vide Exhibit P5 order, dismissed the application refusing the request assigning the reason “no Rule is so far framed by the Honourable High Court. Hence, it is dismissed.” 2. Counsel for the petitioner submits that in view of the decision of the Apex Court in State of Maharashtra v. Dr.Praful B.Desai (AIR 2003 SC 2053), which permits recording of evidence by way of video conferencing, where attendance of a witness cannot be procured without an amount of delay, expense or inconvenience, even in criminal WPC 7400/08 2 cases, it is only proper that recording of evidence of a witness in a civil case be allowed to be had by video conferencing appointing an Advocate Commissioner in that behalf as prayed for. 3. In the circumstances, I direct the court below to consider the feasibility of allowing the application and inter alia the tenability of the claim in the light of the decision cited, setting aside Exhibit P5 order assailed in this writ petition. The writ petition is disposed of with the above direction. 4th December, 2008 (K.P.Balachandran, Judge) tkv