GITA SINHA ALIAS GITA SAHAY Vs. NAND RANI HARI KRISHNA SAMAJ KALYAN TRUST THROUGH ITS ALLEGED CHAIRMAN JITENDRA SINGH SRIVASTAVA

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for quashing the order dated 21.03.2005 passed by learned Subordinate Judge II, Ranchi in Title Suit No. 145 of 1999, whereby the Court below has rejected the. plaintiff - petitioners application dated 09.02.2005 filed under Order XVIII Rule 3A read with Order XXVI Rule 1 and Section 151 of the Code of Civil Procedure, praying for issuance of commission for examination of the plaintiff as a witness in the suit.

(2.) THE said petition was filed on the ground that the petitioner has been suffering from throat cancer and her eyesight has been badly affected. Her vision of left eye has also completely gone and she has been advised to keep distance of atleast 7 feet from others in order to avoid infection. Plaintiff was given radio active iodine and no body is allowed to go near her unless he wears apron to protect against radiation emanating from her body. It has been stated that the plaintiff wishes to make certain things clear by her examination which could not be brought on record by her husband who is her constituted attorney, as those facts are only in the knowledge of the plaintiff.

(3.) LEARNED Court below held that the provision of Order XVIII Rule 17A is mandatory and in support of the same it has referred to and relied upon a decision in Shri Ram Maharaj v. Raj Kishore Bhagat reported in 1978 BLJR 600 and on that ground, rejected the petitioners application and also on the ground that alter the Amendment Act, 1999, omitting rule 17A of Order XVIII, there is no other provision under which the said order can be passed.