JUDGMENT :

K.R.MOHAPATRA, J.

1. This matter is taken up through hybrid mode.

2. Order dated 26^th October, 2022 (Annexure-1) passed by learned 1^st Additional Senior Civil Judge, Berhampur in C.S. No. 86 of 2022 is under challenge in this CMP, whereby an application filed by the Plaintiff-Petitioner under Order XXVI Rule 1 and 4-A C.P.C. to appoint an Advocate Commissioner for her examination has been rejected.

3. Mr. Rath, learned counsel for the Petitioner submits that the Plaintiff-Petitioner is an old lady of 68 years and her both knees were operated and replaced in the year, 2017. She is unable to move properly due to lack of strength on her legs. In addition to that, she has got an injury on her right leg causing fracture of lateral malleolus. Hence, she was advised by the treating physician to take rest from 20^th August, 2022 till 20^th September, 2022. Due to her physical incapacity, she was not in a position to attend the Court to face the trial. Hence, she filed an application to appoint an Advocate Commissioner for her examination. The said application was rejected on the ground that the reason assigned does not come under the purview of the Rule. Further, the period of rest ad