MANORANJAN PANDA Vs. SAILENDRA NARAYAN PRAHARAJ

JUDGEMENT

(1.) IN this writ application challenge has been made to the Order Dated 15.11.2008 passed by the Learned Civil Judge (Junior Division), 1st Court, Cuttack in Title Suit No. 495 of 2001 rejecting an application filed by the Petitioner Under Order 26, Rule 1, CPC.

(2.) THE facts as narrated in the writ application are as follows:

(3.) CONSIDERING the application, the Learned Civil Judge (Junior Division) rejected the same with the finding that there was no medical certificate issued by any registered medical practitioner showing the infirmity or illness of Defendant No. 1 & it was also not clear that the medication sheet & temperature chart referred to any disease which rendered the condition of the patient so miserable as not to allow him to come to the Court & get himself examined as a witness.