JUDGMENT :

ASHOKKUMAR C. JOSHI, J.

1. Rule.

2. This petition, under Articles 226 and 227 of the Constitution of India, is filed by the petitioner-original plaintiff praying for to issue writ of or in the nature of certiorari or any other appropriate writ, order or direction directing and quashing the order dated 06.10.2008 passed below Exh.24 in Regular Civil Suit No. 100 of 2012 by the learned 3rd Additional Senior Civil Judge, Gandhidham. By the said application, the petitioner-original plaintiff had requested for appointment of Court Commissioner, which came to be rejected as the learned advocate for the petitioner-plaintiff could not remain present.

3. Heard, learned advocate Mr. Jinesh Kapadia for the petitioner-original plaintiff and learned advocate Mr. Ankit Bachani for the respondent.

3.1 The learned advocate for the petitioner submitted that the petitioner-plaintiff, who is a senior citizen lady, has filed the captioned suit before the learned Civil Court concerned at Gandhidham-Kachchh for declaration and permanent injunction. The said suit is pending at the stage of cross-examination of the petitioner-plaintiff. That, since the petitioner-plaintiff is suffering from diabetes