CICILY Vs. KUNJO

JUDGEMENT

(1.) PETITIONER filed a petition as an indigent person to set aside certain documents, partition and other reliefs. It would appear that the petition was dismissed for default on 17.10.2007 and thereafter petitioner filed I.A.No.7072 of 2009 for its restoration and I.A.No.7074 of 2009 to condone the delay in filing that application. To record evidence on the said applications petitioner filed I.A.No.4522 of 2010 to appoint an Advocate Commissioner stating that on account of old age and illness she is unable to attend the court. That application was dismissed by the learned Sub Judge as per Ext.P4, order dated September 20, 2010 observing that there are no grounds to issue a commission as prayed for. Learned counsel for petitioner contends that in the circumstances stated in the affidavit in support of I.A.No.4522 of 2010, application ought to have been allowed. Learned counsel for respondents contends that attempt is to somehow protract the proceedings.

(2.) NOW the question I am concerned with is whether request to appoint an Advocate Commissioner should be allowed or not. Learned Sub Judge dismissed Ext.P3, application observing that there are no grounds to issue a commission. Statement in the affidavit in support of the application does not appear to have been considered properly. Learned Sub Judge also observed that no medical certificate is produced in support of the application. In this proceeding petitioner has produced Ext.P3, a photocopy of medical certificate (bearing no date) stating that petitioner had undergone treatment in the year, 2008 and 2009, was reviewed by the Medical Officer referred to therein on 10.09.2009 and her condition remained the same with B/L Knee Osteoarthritis and pain. She was advised to avoid prolonged standing, climbing stairs and squatting. She was advised to wear knee supports and wear micro cellular rubber chappals.