PANCHKARI MITRA Vs. PANCHANAN SAHA

JUDGEMENT

(1.) The question which arises for consideration in this Rule is one of considerable practical importance. I have not been able to discover any authority, so far as this Court is concerned, on the precise point which arises for decision but upon the plain provisions of the statute and general principles of justice about which there can be no dispute, I have not the slightest doubt in my mind as to what my decision should be.

(2.) The facts that need be stated are these : The petitioner is the plaintiff in a suit being T.S. No. 1001 of 1923 of the court of the Munsiff of Chaudanga, the opposite parties Panchanan Shaha and Mohini Mohan Shaha are the defendants Nos. 1 and 2 in that suit. The suit is for specific performance of a lease based upon allegations of fraud on the part of the said opposite parties. On the 21 December, 1923, the petitioner applied for summonses against the said opposite parties in order to examine them as witnesses on his behalf, and as far as can be made out from the records the said summonses were issued. On the 5 February, 1924, the said opposite parties applied for being examined on commission and in support of their applications they filed medical certificates. The certificate filed on behalf of Panchanan Shaha ran thus: This is to certify that Babu Panchanan Shaha has been ailing with low fever attended with sore throat and tonsillites for about a month and has grown very weak. In my opinion he requires absolute rest and medication for a length of time. He will not be able to undertake any journey within 2 months. (Sd.) Hem Chandra Bhomick, L.M.S. Pabna, 30-1-24.

(3.) Mohini Mohan Shaha's certificate was in these words: This is to certify that Babu Mohini Mohan Shaha is badly suffering from dysentry and fever from the middle of January last. In the present state he is quite unable to move about. He will take at least one month more to recover perfectly. He is under my medical treatment. Sd. H.K. Chatterjee, L.M.S. Registered No. 3228 Cal. 1-2-24.