MOUSHUMI BHATTACHARYA - (1.) In this application, the plaintiff has sought to be examined on Commission.
(2.) The grounds for seeking to be examined on Commission are essentially two-fold. First, there are a large number of documents (the application mentions 105) disclosed by the plaintiff and the defendants, all of which would be required to be proved. Second, an over-burdened suit court; an unfortunate reality. The opposition to the application centres around the lack of properly made out grounds for allowing an application of this nature and the judicial discretion involved in refusing commissions for the asking.
(3.) The question which really calls for adjudication is whether Rule 4A of Order XXVI of The Code of Civil Procedure, 1908 (CPC) renders redundant the preceding Rules of Order XXVI and gives a court powers to grant commissions solely on the touchstone of "interest of justice or for the expeditious disposal of the case or for any other reason".;