HIGH COURT OF JUDICATURE AT ALLAHABAD CIVIL REVISION No. - 168 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J. 1. Heard learned counsel for the parties and perused the record. 2. This writ petition has been filed challenging the order dated 18.8.2025 passed by the Civil Judge (Senior Division)/Fast Track Court, Kanpur Nagar by which application filed by the defendant under Order 18 Rule 16 CPC for examination of his witness on the health ground has been rejected. 3. The finding recorded by the Court below is that from the medical paper filed by the defendant-petitioner, it is not apparent that the witness - Dhirendra Singh having an incurable disease as no medical evidence has been filed. 4. Be as it may, the Trial Court ought to have made effort to ascertain physical condition of the witness which has not been done in the present case. 5. Consequently, the order dated 8.9.2025 passed by the Civil Judge (Junior Division), Kanpur Nagar is hereby set aside and the writ petition is allowed with a direction to the Civil Judge (Junior Division), Kanpur Nagar to decide the application afresh after calling a report from the Chief Medical Officer of concerned District regarding health of the witness - Dhirendra Singh, in accordance with law after providing opportunity of hearing to all the concerned parties provided there is no other legal impediment. September 24, 2025 Rishabh Versus Counsel for Revisionist(s) : Pooja Agarwal Counsel for Opposite Party(s) : Manish Tandon (Manish Kumar Nigam,J.) Smt. Resham Devi (Since Deceased) & Another .....Revisionist(s) Rakesh Singh And 7 Others .....Opposite Party(s) Digitally signed by :- RISHABH KUMAR High Court of Judicature at Allahabad