- (1.) This is a revision petition filed by the firm Bhagwan Dass Labhu Ram and Company defendant No. 1, against the order dated March 14, 1975, of Shri Ishwar Chand Aggarwal, Sub-Judge Ist Class, Amritsar, whereby he dismissed their application under Order 26, rule 4, Civil Procedure Code, for issuing a commission to record the statement of their witnesses residing at Bombay.
(2.) The facts of this case are that the plaintiff Messrs C.K. Industries carrying on business outside Lahori Gate, Amritsar, filed civil suit for the recovery of Rs. 70,753.82 as principal and interest on the basis of Bahi account against Messrs Bhagwan Das Labhu Ram and Company and others. During the pendency of the suit, the petitioner-firm made an application under Order 26, rule 4, Civil Procedure Code, on 16th January, 1975 to appoint a Commission for the examination of their three witnesses residing at Bombay. This application was opposed by the plaintiffs. After hearing the counsel for the parties, the Sub-Judge held that a similar application filed by the defendants was dismissed on 25th April, 1973 and that the present application was filed to reopen the question with a view to delay the disposal of the case, and, therefore, it has no merit and must be dismissed and he ordered accordingly. Feeling aggrieved, the petitioners filed the revision petition in this Court.
(3.) Actual date notices were issued to the plaintiff-respondents and others for 30th September, 1975, but in spite of service they were absent. This case is on the list since then. None is present today and the respondents are proceeded against ex-parte.;