RAMRAKHI BAI Vs. PITAMBHARDAS

JUDGEMENT

(1.) PETITIONER has filed this petition challenging the order dated 7.8.2003 passed by I Civil Judge Class I, Bhopal in Civil Suit No. R.C.S. 170-A/2002 (Pritam Bhardas v. Smt. Ramrakhi Bai) by which the trial Court has rejected the application filed by the petitioner under Order 26 Rule 1 CPC for examination of petitioner on commission, on the ground that three opportunities to lead evidence were allowed to the petitioner and plaintiff has opposed the application.

(2.) FROM the perusal of application Annexure P-1 under Order 26 Rule 1 CPC, the application was filed on the ground that the petitioner is an old lady, not keeping good health and not able to appear in the Court for evidence. Apart from this, petitioner is not well acquainted with Hindi language and is a Sindhi speaking lady. On this ground, the application was filed for appointment of a competent lawyer knowing Hindi and Sindhi ,both the languages. The aforesaid application was filed belatedly, but looking to the fact that the petitioner is an old lady of 90 years, as is apparent from the perusal of Annexure P-3 and is not keeping good health for which a medical certificate was filed before the trial Court and the respondent though served, but has not appeared in the Court, in the circumstances, in my opinion the trial Court without considering the glaring fact has rejected the application filed by the petitioner and has not exercised the jurisdiction under Order 26 Rule 1 CPC.