Code of Civil Procedure, 1908–Order 16, Rule 1–Hindu Marriage Act, 1955–Sec. 13–Application for summoning the doctor –Rejection of–Justification–Application was filed on the same day when the appellant’s evidence was closed–Findings of the Family Court that the application was filed to delay the proceedings, is erroneous–Appellant has filed the petition u/s. 13 on the ground of the non-applicant being medically unfit–Issue becomes more relevant–Impugned order is set aside and application is allowed.
