Code of Civil Procedure, 1908–Order 9, Rule 7–Ex-parte proceedings–Prayer of recall–Declined–VIew of Trial Court that granting of opportunity to the plaintiff-petitioner to adduce the evidence would delay the trial–Petitioner is a senior citizen, aged 85 years –In such age, a person commonly suffers from age-related ailments–One should not really need to doubt the same by compelling a person to produce his personal medical records by showing as to what specific ailment, is he suffering from–Court below ought to have given some benefit of the doubt to the petitioner on account of his age–Application deserves to be allowed on paying the cost of Rs. 5,000/-.
