IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 567 of 2010 (O&M) Date of Decision: February 1, 2010 Kamla Wati. …Petitioner Versus Surinder Kumar and others. …Respondents CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present: Mr. Baldev Raj Mahajan, Advocate, for the petitioner. S.D. Anand, J. It is apparent from the impugned order 07.01.2010 that the learned Trial Court adjourned the proceedings to 16.01.2010 for the production of the respondents for cross- examination. In obtaining that view, the learned Trial Court relied upon the report by the Medical Board “wherein it has been recorded that Subash Chander RW does not have any major hearing loss as he can understand words and he can write answers to the question asked to him.” Mr. B.R. Mahajan, the learned counsel appearing on behalf of the petitioner states that the petitioner is bed ridden and is not in a position to be taken to the Court. It is also argued that no useful purpose would be served by taking Subash Chander RW to this Court, because the Medical Board C.R. No. 567 of 2010 has itself opined that he can write answers to the question put to him. The first priority of the law is to have the witness around in the open Court wherein his substantive testimony is recorded. The Code of the Civil Procedure does conceive of certain eventualities wherein the statement of witness may be recorded on commission. The present does not appear to be a case of that category. Learned counsel appearing on behalf of the petitioner is not in a position to invite the attention of this Court to any medical documentation which could prove that the relevant witness is not in a position to move from the bed. The petition is held to devoid of merit and is ordered to be dismissed. It will, of course, be open to the petitioner herein to obtain an appropriate medical documentation and raise this plea afresh before the learned Trial Court which shall dispose it of in accordance with law after satisfying itself that the plea raised is valid in terms of the eventualities conceived by the Code of Civil Procedure for purposes of recording of statement of witness on commission. Disposed of accordingly. January 01, 2010 ( S.D. Anand ) vkd Judge 2