CR No. 1523 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No. 1523 of 2011 (O&M) Date of decision:- 04.03.2011 Sant Darshan Singh ....Petitioner Vs. Karnail Singh and others ....Respondents CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ****** Present:- Ms. G.K. Mann, Advocate, for the petitioner. A.N. JINDAL, J (ORAL) This petition assails the order dated 16.02.2011 (Annexure P-2) passed by the Additional Civil Judge (Senior Division), Ludhiana, whereby the application filed by the plaintiff- petitioner (hereinafter referred to as 'the petitioner') for appointment of Local Commissioner to examine him at his place, was dismissed. The counsel for the petitioner has stated at bar that the case is fixed for the evidence of plaintiff on 08.03.2011. Therefore, lest the rights of the petitioner are prejudiced by not accepting the plea of the petitioner to examine him through the Local Commission at his place at Dera Dhakki Sahib, Village Maksudra, on account of his confinement to bed due to his illness that too at his own expenses. No prejudice would be caused to the defendants-respondents (hereinafter referred to as 'the respondents), if the petitioner is examined through Local Commission. CR No. 1523 of 2011 (O&M) 2 Since the case is fixed for evidence of the plaintiff, the Court could well exercise its powers under Order 26 Rule 1 of the Code of Civil Procedure. In these circumstances, this petition is accepted. The impugned order dated 16.02.2011 (Annexure P-2) is set aside and the trial Court is directed to appoint a Local Commissioner to record the statement of the petitioner at his above said dera. This petition is disposed of without issuing notice to the respondents with a view to impart complete justice to the parties and to save the huge expenses, which may be incurred by the respondents as also in order to avoid unnecessary delay in adjudication of the matter. Still, if dissatisfied, the respondents may move to this Court for recalling this order. (A.N.JINDAL) 04th of March, 2011 JUDGE ajp