AIR 1961 PATNA 210

Patna High Court

Hon'ble Judge(s): Raj Kishore Prasad , J

Civil P.C. (5 of 1908) , S.132(1), O.26 R.1— Issue of commission, to examine pardanashin woman as witness - Application for, when allowed - Considerations involved - Non-Observance of parda in father's village - Not a ground for refusal. On reading S. 132(1), along with rule 1, of Order 26, it is manifest that a woman, who according to the customs and manners of the class or section or community to which she belongs ought not to be compelled to appear in public, can be examined on commission. This is a right which a Court, ordinarily, cannot refuse. If the Court, therefore, is satisfied, having regard to the class or community to which she belongs, that she should not be compelled to appear in the witness box, she may be exempted under S. 132(1) from giving evidence in Court and a commission may be issued for her examination in terms of Rule 1 of Order 26 : The issue of a commission is a matter of judicial discretion of the Court, depending on the facts of each case. A commission, ordinarily should issue for the examination of a pardanashin lady, unless her application for commission is mala fide, or would amount to an abuse of the process of the Court, or it may result in manifest injustice to any party, or for other valid reasons : The fact that a pardanashin woman does not observe parda in her father's place per se is no grou....