CHANDRAPRAKASH AGRAWAL Vs. NATHURAM JI LAKHERA

JUDGEMENT

(1.) Petitioner has filed this writ petition mainly on the ground that an application submitted by the petitioner for his cross- examination by appointing a Commission under Order 26 Rule 1 of the Code of Civil Procedure, has been rejected and, therefore, interference be made.

(2.) Respondents 1 and 2 have filed the suit in question for eviction on the grounds contemplated under section 12(1)(f) of the MP Accommodation Control Act and arrears of rent. Petitioner is defendant in the suit in question and in the said suit petitioner has submitted his evidence by way of an affidavit under Order 18 Rule 4 CPC, on the ground that he is more than 68 years of age, he has some cardiac problems for which he is undergoing treatment since October 2011. Further submitting that he is undergoing some treatment from the Neurosurgery Department of Bhopal Memorial Hospital and Research Centre, the petitioner submitted the application seeking appointment of Commission for his examination. This application has been rejected by the impugned order and, therefore, petitioner is before this Court challenging the aforesaid order.

(3.) I have learned counsel for the petitioner at length and perused the records.