IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 810 of 2010(O) ------------------------ OS.321/1999 of SUB COURT, KOZHIKODE .................... PETITIONER: --------------- THE COTTANAD PLANTATIONS LTD. P.O. BOX NO. 1117, BEACH ROAD, CALICUT – 673 032 – REPRESENTED BY ITS MANAGER, S. SIVAKUMARAN. BY ADV. MR. N.N.SUGUNAPALAN, SENIOR ADVOCATE MR. S.SUJIN MS. NITA.N.S. RESPONDENTS: --------------- 1. M.K.MICHAEL, S/O. M.K.KURUVILA, MALIAKKAL HOUSE, NEENDOOR.P.O., ONAMTHURUTHU VILLAGE, KOTTAYAM TALUK, KOTTAYAM DISTRICT. 2. THE FEDERAL BANK LTD., REPRESENTED BY ITS BRANCH MANAGER, ETTUMANUR, KOTTAYAM TALUK, KOTTAYAM DISTRICT. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR , J. -------------------------------------------------- W.P.(C). No. 810 of 2010 ---------------------------------------------------- Dated this the 4th day of February, 2010. JUDGMENT The petitioner who is the defendant in O.S No. 321 of 1999 on the file of the Sub Court, Kozhikode, challenges Ext.P5 order as per which the court below ordered examination of the parties as well as their witnesses on commission and directed the petitioner to bear the expenses. 2. It was on the request of the petitioner that the court below allowed the examination of the parties on commission. No doubt, the request of the petitioner was that the parties alone (and not their witnesses) be examined on commission and the expenses to be borne by both the parties. However, the request of the petitioner to examine the parties on commission was allowed. But, the court below directed the petitioner to bear the expenses. The court below further ordered that the witnesses shall also be examined on commission and the expenses shall be borne by the petitioner. 3. Since it was the petitioner who wanted the examination of the parties on commission and also since the W.P.(C) No. 810/2010 : 2 : respondent/plaintiff did not want examination of the parties on commission, it is for the petitioner to pay of the expenses of the examination of the parties on commission. However, the court below was not justified in ordering examination of the witnesses also on commission and directing the petitioner to pay the expenses for the same. The witnesses, if not already examined, shall be examined before court. The petitioner who alone wanted the examination of the parties on commission will bear the expenses. This writ petition is disposed of as above. Dated this the 4th day of February, 2010. V. RAMKUMAR, JUDGE. rv W.P.(C) No. 810/2010 : 3 :