Mrs. Sunita Jagmohan Verma v. Jagmohan Verma, in AIR 1985 Delhi 1 Court has held that the issue of a Commission under Order 26, Rule 4, CPC in a case where the personal attendance of a witness cannot be enforced because of the restriction imposed by Order 16, Rule 19, although discretionary with the Court, should ordinarily be allowed as a matter of course. It was further held that such powers should be exercised for the simple reason that a party cannot be punished merely because it feels helpless in procuring the attendance of a witness and the Court too is powerless to order such a witness to appear in person. It is stated that the Court, of course, must be satisfied about the compelling necessity to examine such a witness. In the said decision this Court further held that the object of the proviso to Order 16, Rule 19, CPC clearly is that if the witness is residing at a place which is connected with the place of the Court-house by air, the Court may, instead of issuing a Commission, direct in appropriate cases that summons be issued for attendance of the witness in person on his being paid fare by air. The Court, however, held that such an order cannot be passed mechanically in each and every case and before resorting to this provision the Court must make sure that the witness (applicant) is affluent enough to afford payment of fare by air otherwise it may result in undue hardship and even miscarriage of justice in many a case. The Court also held that the demenanour of a witness is quite an important factor in appraising the evidence of a witness, especially when a witness is deposing to facts from his personal knowledge but it is not so important as to take away the right of a party to issue of a Commission in deserving cases where the testimony of the witness is very material but he is not under the control of the party wanting to examine him and his personal attendance cannot be enforced by coercive process of law. It was also held that the Court must consider all relevant aspects of the matter before it exercises its discretion one way or the other so as to advance the cause of justice and fair play.