West Bengal

Birbhum

MA/78/2024

Sk. Ahad,S.O. Lt. Sk. Based Ali - Complainant(s)

Versus

Medview Medical Service Pvt. Ltd - Opp.Party(s)

23 Jul 2024

ORDER

 

The record is put up today on the strength of one application filed by the Ld. Advocate for the complainant and stated that he is willing to adducing some photographs of damaged right hand in question of the complainant. At present the complainant is not able to present before this Commission due to his illness. This petition has also been seen with objection by the Ld. Advocate for the OP side.

The petition has been registered as M.A. Case being No. 78/2024. Record is now taken up for hearing.

Perused the petition. Considered. Heard Ld. Advocates for both parties.

It is the submission of Ld. Advocate for the complainant that at present the complainant is not

able to present before this Commission due to his illness. Ld. Advocate for the complainant is willing to adducing some photographs for showing the present condition of damaged right hand in question. Thus, he prays before us to allow his prayer for the proper adjudication of the instant case.

  

It is submission of Ld. Advocate for OP side that the complainant did not file any photographs of his right hand in question at the time of filing of the instant case. Even, he did not file the same at the time of adducing his evidence-in-chief with Firisti. Now, at the time of argument stage the complainant cannot adducing any photographs of his right hand in question as per settled practice of law. Thus, vehement objection was raised by the Ld. Advocate for the OP side.

            After hearing the parties we are of the view that as per the provision of Sec. 38(9) the District Commission shall has the power while trying a suit for requiring the discovery and production of any document as evidence and receiving of evidence on affidavits. In the instant case, the trial has not yet been ended till date.

            Hence, the complainant is directed to file photograph(s) of his right hand in question on affidavit through Firisti after serving the copy to the OP side.

Hence, the petition filed by the Ld. Advocate for the complainant being M.A. Case being No. 78/2024 is considered and allowed on contest without any cost.           

Thus the M.A. Case being No. 78/2024 is disposed of.

            Fix. 30/07/2024 for compliance by the complainant and further argument if any.

Copy of this order be supplied to the parties each at free of cost.