PURNA CHANDRA DAS Vs. HARAMANI SATPATHY

JUDGEMENT

(1.) This matter is taken up through hybrid mode.

(2.) Order dtd. 27/6/2023 (Annexure-4) passed by learned 3rd Additional Senior Civil Judge, Balasore in C.S. No. 254 of 2017 is under challenge in this CMP, whereby an application filed by the Defendant-Petitioner to be examined on Commission under Order XXVI Rule 4-A C.P.C. has been rejected.

(3.) Mr. Dasmohapatra, learned counsel submits that the Petitioner is a senior citizen of 70 years. He has several ailments including heart disease. The Court of learned 3rd Additional Senior Civil Judge, Balasore is at the second floor of the Court complex. There is no provision of elevator in the said Court Complex. Thus, the Petitioner is not in a position to climb the stairs to second floor to adduce evidence in support of his case. 3.1 It is his submission that when virtual examination of the witnesses is being allowed by the Courts and in view of introduction of Rule-19 to Order XVIII C.P.C., there is no difficulty in examining the Petitioner on Commission. The Commission can also record the demeanor of the parties. It is also submitted that this Court by order dtd. 31/1/2023 in CMP No.1138 of 2022 (T. Nirmala 'v- T. Sravani and others) has considered the similar nature of application and allowed the party to be examined through a Commission on submission of fresh medical certificate. Although the case law was pressed into service by learned counsel for the Petitioner, but learned trial Court ignoring the same has passed the impugned order by rejecting the petition. Hence, this CMP has been filed.