HARI SHRAWAN SUTAR Vs. RAMDAS TUKARAM PATIL

JUDGEMENT

(1.) This civil revision application question an order permitting a special Mukhatyar one Dr. D.M. Patil to be examined after the respondent plaintiff had taken the oath and all the dates of further hearing was unable to attend the Court because of his illness that was certified to be so by a medical practitioner.

(2.) In this Court, Mr. Sawant, the learned Counsel appearing in support of the civil revision application, relied on the provisions of Order 18, Rule 3-A of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code") and submitted that this course was contrary to that rule and that the order impugned should be set aside.

(3.) Now, this civil revision application is pending in this Court for more than three months and by the time this is being disposed of, surely, the respondent-plaintiff should be available, unless prevented by some other reason.