Court No. 6 CO 356 of 2025 (265719)

10.03.2025 Ajay Ram & Anr.

(AD 38) Vs.

Sudha Madhab Chakraborty (S. Banerjee)

Mr. Uday Shankar Bhattacharya Ms. Sudeshna Basu Thakur Ms. Banani Bhattacharjee Ms. Upasana Das …for the petitioners Ms. Debjani Sengupta Mr. Ratan Pal Ms. Poulomi Ghosh …for the opposite party This application under Article 227 of the Constitution of India is directed against an order dated December 16, 2024 passed by the learned Civil Judge (Sr. Division), 4^th Court at Alipore in Title Suit No. 177 of 2023. By the order impugned the application under Order 26 Rule 2 of the Code of Civil Procedure stood allowed and a Commissioner was appointed to record the evidence on examination and cross-examination of the plaintiff, namely Sudha Madhab Chakraborty as PW-1. The application for examination of PW-1 on commission was on the ground that he is 86 years old and is suffering from various ailments.

Mr. Bhattacharya, learned advocate appearing for the petitioners submits that no prescription and/or medical documents have been produced to show that the plaintiff is suffering from Parkinson’s disease. Pursuant to the order dated February 26, 2025, the learned advocate for the oppos