Goutam Bhaduri, J
1. Heard.
2. The present petition is against the order dated 02.07.2018, passed by the IIIrd Civil Judge, Class-II, Raipur, whereby an application preferred by the
petitioner/defendant under Order 26 Rule 9 CPC to examine the witness namely Sofiya Begum, W/o Iqbal Ur Rehman, has been dismissed.
3. Learned counsel for the petitioners submits that the witness proposed to be examined is aged about 75 years and is ailing and the learned Court
below without any rhyme or reason only for the reason that the application is not supported with any document with regard to medical condition has
dismissed the same.
4. Perused the order. As has been submitted before the Court that still the evidence is going on and the plaintiff evidence is going on, under the
circumstances if the defendant witness is sought to be examined by the Commissioner, in the opinion of this Court, no prejudice would be caused as
certainly the age of 75 years cannot be ignored. In a result, the order dated 02.07.2018 is set aside. The application filed by the petitioner/defendant
under Order 26 Rule 9 CPC to examine the witness on commission is allowed. The learned Court below shall appoint a Commissioner to get the
witness examined and will proceed accordingly in due course.
5. With such observation, the petition stands disposed of.