IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1710 of 2008 SUNIL KUMAR SINGH @ SUNIL KUMAR SINHA Versus SMT.MADHU SINGH ----------- 2 16/10/2008 Heard counsel for the petitioner. In the opinion of this Court the impugned order rejecting prayer of the petitioner for examination of two doctors on commission at Asansol instead of in the court at Biharsharif does not suffer from any jurisdictional error. As a matter of fact there was nothing before the court below to allow such exceptional prayer of the petitioner as would be also apparent from a bare perusal of the application filed by the petitioner on 6.7.2008. It would be however open for the petitioner to file an application before the court below for issuance of summons to the two doctors and in the event such application is filed, the court below will definitely take steps for issuance of summons so as to enable the petitioner to secure presence of the two doctors for their deposition, but then it is made clear that the court below will only issue summons and thereafter if the two doctors do not appear - 2 - the court below will not keep waiting for their deposition. With the aforementioned observations/ directions this application is disposed of. ( Mihir Kumar Jha,J) Abhay