IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Civil Revision No.4784 of 2009 (O&M) Date of Decision : 24.8.2009 S.S.Gill .....Petitioner versus Iqbal Singh & another .....Respondents CORAM : HON'BLE MR.JUSTICE SURYA KANT. Present : Mr.Sureinder Gandhi, Advocate, for the petitioner. -.- 1. Whether Reporters of Local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? --- ORDER Surya Kant, J. (Oral) This order shall dispose of Civil Revision Nos.4784 to 4788 of 2009, directed by the petitioner-landlord against the order dated 30.5.2009 passed by the Rent Controller, Chandigarh whereby his application to appoint a Local Commissioner to record his statement, he being an old and crippled and unable to attend the Court, has been dismissed. The common questions of law and facts are involved in all these cases. For brevity, the facts are being taken from Civil Revision No.4784 of 2009. C.R. No.4784 of 2009 (O&M) 2 The petitioner is an old person of more than 92 years of age. It appears that he is a NRI. The latest medical certificate issued by the Desford Medical Centre suggests that the petitioner is suffering from Arthritis Fibrillation and he is very frail and cannot travel to India. The Rent Controller has dismissed the petitioner's application for appointment of a Local Commissioner to record his statement, after observing that as per his own case, the petitioner wants to go abroad and that when he is in a position to travel abroad, then he can certainly appear before the Court also. I have heard learned counsel for the petitioner at some length. It is pointed out by the counsel for the petitioner that the petitioner has already gone to England in May, 2009 and is presently there. In these circumstances, the petitioner's statement can be recorded only when he returns to India. The Rent Controller appears to be right in observing that if the petitioner is fit enough to go aboard, then he can appear before the Court also. It requires about eight hours travelling from England to India and then another 3-4 hours from Delhi or Amritsar to Chandigarh. At the same time, the age and health of the petitioner requires special attention by the Court. The revision petition is accordingly disposed of with a direction to the Rent Controller, Chandigarh that as and when the petitioner comes, he should be accommodated for the purpose of recording his statement by taking the case after lunch and/or on Saturday on a suitable date to the petitioner. The opposite counsel be also persuaded to adjust his other cases and make himself available for the purpose of C.R. No.4784 of 2009 (O&M) 3 cross-examination. However, no extra leniency will be shown in this regard so that the delay can be avoided. Disposed of. Dasti. 24-08-2009 (SURYA KANT) Mohinder JUDGE