SHADHNA SHUKLA Vs. RADHE SHYAM BANSAL

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution is directed against the order dated 07.05.2013 passed in Civil Suit No. 20A/2012, whereby application preferred by the petitioner / defendant under Order 26 Rule 1 r/w section 151 C.P.C. (Annexure P/4) is rejected by the Court below.

(2.) IN a suit for specific performance filed by the plaintiff/ respondent, the petitioner filed the said application. In the application, it is contended that petitioner's age is about 53 years. There is a stone in her gall-bladder. She is also suffering from appendicitis. In addition, she is a patient of high blood pressure and severe arthritis. The doctor had advised her not to remain standing for long time with further advise not to use staircase etc. In the application, it is further contended that petitioner cannot walk and cannot remain standing or seated for long time. Petitioner is getting regular treatment at her residence at Gwalior, therefore, her statement may be recorded on commission. In support of this contention, she filed medical documents issued by Apollo Clinic Gwalior and certificates issued by Dr. Satyendra Kumar Sharma (MS) (Ortho) and Dr. V.P. Middha (MS) (Ortho) and also filed certain other prescriptions and medical reports to show that petitioner is suffering from various ailments.

(3.) LEARNED counsel for the petitioner criticized the order and submits that the Court below should have allowed the application. Along with the reply to the application for vacating the interim order, a discharge card (Annexure A/1) is filed to show that petitioner was hospitalized.