Law:

Section:

Civil Procedure Code (V of 1908)------S. 132 & O.XXVI, R.1---Application for examining female defendant on commission---Trial Court refusing such application---Criteria for determining whether defendant was a woman who according to Customs and manner of country ought not to be compelled to appear in public for personal appearance in Court for her viva voce examination. The customs and manners of the country mean the customs and manners of different communities and of people of all walks of life. Further, in order to determine, whether a particular woman was or was not entitled to the protection under subsection (1) of section 132 of Civil Procedure Code, the Courts are called upon to apply the customs and manners prevailing at the relevant time as the criterion and not the custom and manner which prevailed in the remote past and by passage of time were lost in oblivion. The society was undergoing the process of constant changes and transformations of the customs and manners regulating it. Many a rules in the past were in disuse now. Illiteracy of womenfolk was fast vanishing today. General rule observed today was to import to them modern education for equipping them to successfully shoulder the responsibilities in future. Women were holding high positions ,in different departments and occupations. Examples could be multiplied by reference to various fields. Defendants being the widow of an Air Vice Marshal, must be an educated lady. No other person than her son admitted that she often appeared in public and attended public functions and parties. Trial Court believed it and observed that she was not a Parda­ observing lady precluding her personal appearance in Court for making of her statement. As for her ailment, there was no proof of it. She had a common defence with her son-defendant. It was for her to consider, whether she could confide in her son-defendant to act for her as her special attorney to appear in Court and record statement on her behalf also. As for her examination on commission and exemption from appearance in the Court under section 132, Civil Procedure Code she was not entitled to such concession. ORDER A civil suit for the administration…

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