Back
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Raj Mohan Singh, J.
Balbir Singh - Appellant
Versus
Charanjit Singh Bajaj - Respondent
CR No.3178 of 2016 (O&M)
Decided On : 18-09-2018
Order 26 Rule 1 CPC - Examination by Commission - The court set aside the impugned order and remanded the case to the trial court to pass a fresh order based on the latest medical status of the petitioner in terms of Order 26 Rule 1 CPC. The trial court was directed to pass a speaking order after recording its due satisfaction as per the requirement of the rule. Respondent No.1 was given the liberty to place on record a certificate of medical disability from a Government hospital.
Fact of the Case:
The revision petition was filed against the impugned order passed by the trial court under Order 26 Rule 1 CPC, considering a medical certificate issued for the plaintiff-respondent No.1.
Finding of the Court:
The court found that the trial court did not adhere to the provisions under which the application was filed and, therefore, set aside the impugned order and remanded the case to the trial court for a fresh order based on the latest medical status of the petitioner.
Issues: The issue revolved around the proper consideration of the medical certificate under Order 26 Rule 1 CPC and the requirement for the trial court to pass a reasoned order based on the medical status of the petitioner.
Ratio Decidendi: The court's decision was influenced by the requirement for the trial court to be satisfied before ordering examination by commission and to pass a reasoned order based on the medical status of the petitioner as per the provisions of Order 26 Rule 1 CPC.
Final Decision: The petition was disposed of accordingly, with the case remanded to the trial court for a fresh order based on the latest medical status of the petitioner in accordance with Order 26 Rule 1 CPC.
JUDGMENT
Raj Mohan Singh, J. (Oral) - This revision petition has been filed against the impugned order dated 10.3.2016 passed by the trial Court under Order 26 Rule 1 CPC.
2. It appears from the record that medical certificate dated 18.11.2015 issued by Dr.Sarvesh Mathur has been taken into consideration, while assessing medical infirmity of plaintiff -respondent No.1 to attend the court for giving his evidence. A perusal of the medical certificate dated 18.11.2015 would show that the same was for a period of two months w.e.f. 18.11.2015. Under Order 26 Rule 1 CPC, the Court may issue a commission for examination or interrogatories or otherwise of any person residing within the local limits of the Court, who is carrying infirmity or sickness and is unable to attend the Court. In order to arrive at such a conclusion in respect of sickness or infirmity of a person, the Court has to be satisfied before ordering his examination by commission and the order has to be a reasoned one. A perusal of para No.6 of the impugned order would show that the trial Court has not adhered to the provision under which the application was filed.
3. For the reasons recorded here-in-above, I deem it appropriate to set aside the impugned order and remand this case to the trial Court to pass fresh order on the basis of latest medical status of the petitioner in terms of Order 26 Rule 1 CPC. The trial Court shall pass speaking order after recording its due satisfaction as per the requirement of Order 26 Rule 1 CPC. Respondent No.1 would be at liberty to place on record certificate of medical disability from a Government hospital.
4. Petition stands disposed of accordingly.
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
