Mr. Vikramaditya Roy learned counsel appearing for the petitioner submitted that by the impugned order dated 06.09.2013 the learned Lower Forum rejected the prayer of the petitioner for the cross examination of Dr. Sunil Kumar, with liberty to file documentary evidence in the rebuttal to the opinion of Dr. Sunil Kumar, whereas the petitioner has right to cross examine Dr. Sunil Kumar on his expert opinion.
2. Mr. Bibhash Sinha, learned counsel appearing for O.P., referring to the order dated 03.12.2004 passed by Hon’ble National Commission in Original Petition No. 233 of 1996 submitted that instead of summoning the Doctor, the petitioner can file interrogatories which can be replied by the Doctor.
3. Mr. Vikramaditya Roy agreed to this.
4. In the circumstances this revision petition is disposed of with the following order.
(i) The petitioner will file interrogatories to the report of Dr. Sunil Kumar, within four weeks.
(ii) The learned lower forum will forward the same to Dr. Sunil Kumar without in delay.
(iii) Dr. Sunil Kumar will send his reply to the interrogatories on affidavit as early as possible and preferably within four weeks from the receipt of the interrogatories.
(iv) The learned Lower Forum thereafter will proceed in the matter in accordance with law.
With these observations and directions, this petition stands disposed off.