rl 83 Civil Revision N03721 of2008 LLl r IN THE HIGH COURT FOR THE STATES OF PUNJAB 8 HARYANA AT CHANDIGARH eee Civil Revision Noe3721of200808iM1 Decidedonl Januaryl52010 1 Gurvinder SinghTakhar eee Petitioner r VERSUS 0 C CharanjitKaur and another eee 1 a C5 CORAM HONBLE MRJUSTICE ANJINDAL I Present1 MrArun Palli Senior Advocateassistedby MrJai BhagwanAdvocate for thepetitioner MrlvlanjitSooch Advocate for the tr I ANJINDALJ a5 This revision petition1S directed againstthe order dated 5A2008 passedby Additional Civil Judge SrDivn9 Jalandhar vide which the application of the petitionerplaintiffherein referred as the Om plaintiffofor additional evidence by examining two witnesses namely Harmeet Singhand DeanneRoberts workingwith the Bank of America lll Phoenix Arizona to prove two documents il agreementto se11dated 2022002 Annexure Pel and iil generalpower of attorney lnnexure t P29was dismissed Learned senior counsel appearingfor the plaintiff has submitted that since both the aforesaid documents were executed and attestedin America and the witnesses are permanentresidents of USA thereforetheybe allowed to be examinedon commission Rashmi 2013.01.16 16: 13 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:23 I attest to the accuracy and integrity of this document 84 CivilRevisionN0372I of2008 L2l a d Replyto theapplication has beenfiled wherein while denying the allegations it was pleaded that Since the evidence of the plaintiffwas closed by order therefore now the application for additional evidence 1S not maintainable Havingperused the aforesaid two documents it that 1 r the agreementto sell 4nnexure P and the General Power of Attorney 0 Annexure Pe21 were executedln the presenceof BalrajSinghTakhar and 0 Harmeet Singhand attestedby Deanme Roberts NotaryPublic Arizona CD MaricopaCountrylow with the Bank of Americal Therefore it was not within the power of the Court to procure their presence for their Z examinatiOlla The counsel opposite has also not seriously theplea C2 CounseI for theplaintif petitioner has shown his willingness I to depositthe paymentfor theboarding and lodgingof the Commission and 08 thecounsel for thepartiesgoingto Phoenix Arizona in USA J In the Circumstancesthis Court deems it appropriatthat the evidencrof theaforesaidtwo witnessesbe recordedby way of CommlsS10110 ll Accordinglythis petitionis allowed and the Trial Court 1S directed to appointa Local Commissioner who shall visit USA to record the evidenceof both the witnessesin question and submit his reportwithin six monthsfrom thedateof his as such The parties to appearbefore the Trial Court on 22010 r January 15 2010 9 san JUDGE 1 l 4 f Rashmi 2013.01.16 16: 13 True Scanned Copy Of the Original PHHC,Chandigarh JOYTI RANI 2016.03.28 16:23 I attest to the accuracy and integrity of this document