LALITA SUBBA Vs. ASHOK SUBBA

JUDGEMENT

(1.) Questioning the legality and validity of the order dated 10.03.2016, whereunder the application filed by the present petitioner, for issuance of a Court Commission to examine two witnesses, was rejected and also the order dated 12.04.2016, whereunder, seeking review of the earlier order dated 10-03-2016, was also rejected by the Civil Judge, North Sikkim at Mangan.

(2.) Briefly stated facts are; the first and second respondents herein, filed a Title Suit bearing T.S. No. 04 of 2013, on the file of Civil Judge (Junior Division), North Sikkim at Mangan. The petitioner, who was arrayed as defendant No. 3, filed an application under Order XXVI, Rules 1 and 4 read with Section 151 of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC"), seeking issuance of a Commission for the examination of one Shri. Ujyal Dhoj Limboo, aged about 72 years and Shri. Birkha Bdr. Limboo, aged about 70 years, who are the residence of West Sikkim, on the ground of physical infirmity and sickness.

(3.) Learned Civil Judge, by the impugned order dated 10.03.2016, came to hold that the medical documents produced did not appear to be a certificate and as such the defendant No. 3/applicant therein, failed to establish the sickness of the said witnesses. Thereafter, the petitioner herein/defendant No. 3, filed an application, supported by medical certificates, seeking a review of the order dated 10.03.2016. Learned Civil Judge rejected the review application by the impugned order dated 12.04.2016, on the ground that lacunae and remissness in the earlier application cannot be removed by way of review petition.