Code of Civil Procedure, 1908–Order 26, Rules 1 & 4–Application under–Partly dismissed with the view that the medical certificate was not accompanied with the application–Justification–Petitioner is aged 88 years–Though the trial Court did not believe the fact of cardiac attack yet the prayer could not be rejected in view of very advance age of petitioner–Respondent nos. 1 & 2 failed to satisfy that any prejudice is to be suffered by them–Directed for examination of the defendant no. 1 through the Commissioner at his New Delhi address subject to bearing all the expenses of Court Commissioner and the counsel of plaintiff.
