p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CMP No.775 of 2025 Gourimani Das …. Petitioner Mr. A.K. Mohanty, Advocate -Versus- Ananda Chandra Das & others …. Opposite Parties None CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 16.05.2025 01. 1. Heard Mr. Mohanty, learned counsel for the petitioner. 2. Instant petition is filed by the petitioner challenging the impugned order dated 29th April, 2025 as at Annexure-9 in connection with C.S. No.120 of 2012 (1) of learned 1st Additional Senior Civil Judge, Balasore on the grounds stated therein. 3. Mr. Mohanty, learned counsel for the petitioner submits that the petitioner is a paralysis patient and terminally ill and it was on account of a brain stroke and hence, she is not in the position to attend the Court and for that, earlier a request was made for appointment of a Pleader Commissioner and the same having been denied, CMP No.1091 of 2024 was filed and it was disposed of with a direction to learned Court below to consider all such medical p. 2 papers in respect of her health condition and thereafter, to take a decision on the application i.e. Annexure-7 under Order 26 Rule 1 C.P.C. Mr. Mohanty, learned counsel for the petitioner further submits that in spite of such a direction, learned Court below has not considered the medical papers and once again declined appointment of a Pleader Commissioner followed by the impugned order i.e. Annexure-9. Referring to an authority with regard to the definition of cerebrovascular accident (Medical Editor J W Marks MD), it is submitted by Mr. Mohanty, learned counsel for the petitioner that the petitioner is terminally sick and has functional disabilities, the fact, which could have been duly examined and appreciated by the learned Court below but it was followed by the impugned order dated 29th April, 2025. The medical prescriptions as at Annexure-7 series is once again referred to by Mr. Mohanty, learned counsel for the petitioner to contend that the Pleader Commissioner should have been appointed for examination of the petitioner. The Court finds that the learned Court below disbelieved the prescriptions on the premise that she has only been advised bed rest and is in a position to attend the hospital for treatment. 4. Considered the prescriptions as at Annexure-7 series. It is really not possible on the part of the Court to reach at a conclusion regarding the health condition, which is to be examined by learned Court below with such further inquiry made. The Court is also of the view that the petitioner could have been directed to furnish a medical certificate in support of her health condition. The Court is, hence, of the view that the petitioner should be provided an opportunity to submit a medical certificate from a registered p. 3 practitioner of DHH, Balasore before learned Court below for a fresh consideration, while demanding appointment of a Pleader Commissioner, as the same would instead serve the purpose and meet the ends of justice. 5. Accordingly, it is ordered. 6. In the result, the CMP stands disposed of with a direction for the petitioner to furnish a medical certificate in respect of her health condition before learned Court of learned 1st Additional Senior Civil Judge, Balasore in C.S. No.120 of 2012 (1) for a fresh decision on the application i.e. Annexure-7 moved under Order 26 Rule 1 C.P.C and for appropriate orders therein. It is further directed that upon receiving a medical certificate from a registered medical practitioner as has been directed hereinabove, learned Court below shall do well to consider the plea for deputation of a Pleader Commissioner according to law. As a necessary corollary, the impugned order dated 29th April, 2025 in C.S. No.120 of 2012 (1) is hereby set aside with the direction as aforesaid to be complied with. 7. In the circumstances, however, there is no order as to costs. 8. Urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge Balaram