SMT. KRISHNA DAS Vs. SANTANA MODAK AND ANR.

JUDGEMENT

(1.) The Petitioner in this application under Article 227 of the Constitution of India dated August 19, 2010 is the Plaintiff in Title Suit No. 138 of 2000, pending on the file of the 1st Court of Civil Judge (Senior Division) at Chinsukah, Hooghly. The suit is for specific performance of a contract and injunction. The Defendants in the suit are contesting it by filing written statement.

(2.) The stage for recording evidence having reached, the Petitioner filed a petition dated June 2, 2010 under Order 26 Rule 1, Code of Civil Procedure (hereafter the Code) read with Sec. 151 thereof. On the ground of her illness, the Petitioner prayed before the Trial Court for appointment of a learned advocate as commissioner to record her oral evidence.

(3.) The petition was taken up for consideration by the Trial Court on July 6, 2010. The plea of the Petitioner that she was ill and that it is practically impossible for her to remain personally present in Court and depose before it was disbelieved. The petition was thus dismissed with costs of Rs. 300/ -by order No. 60 dated July 6, 2010. This order forms the subject matter of challenge in the present application.