RATAN KUMAR HALAN Vs. TULSI DEVI

JUDGEMENT

(1.) This writ petition has been filed against the order dated 27.3.2009 passed by the Additional Munsif 1st, Dhanbad in Title (Eviction) Suit No. 48 of 2003 refusing the prayer made on behalf of the petitioner for his examination on commission on the ground that no ground has been made out for such prayer.

(2.) Mr. Laik, appearing for the respondents supporting the impugned order submitted that such prayer has rightly been rejected and moreover, the period of six weeks rest had already expired. He further submitted that the petitioner is trying to delay the disposal of the suit on one pretext or the other.

(3.) On this, Mr. B. V. Kumar, appearing for the petitioner submitted that the petitioner is suffering from hypertension and therefore, it will be proper that he is examined on commission, to avoid any risk.