IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.1534 of 2008 MITHILESH KUMAR RAI Versus DHARMAWATI DEVI & ORS ----------- 2. 12.9.2008 Heard counsel for the petitioner. While this Court would definitely not encourage the practice of any person how so over high or powerful he may be to avoid the court and seek privilege of getting examined on commission this much leverage can be given to an ailing person to be examined as a witness at a subsequent date. Mr. Najmul Hoda, learned counsel appearing on behalf of the petitioner, would undertake that the plaintiff petitioner will be examined in the suit by appearing in the court but for the moment he should be allowed to be examined after some time and till that date the other witnesses of the plaintiff may be allowed to appear. This the plaintiff petitioner may do at his own risk. In fact it would be advisable for the petitioner to get himself examined as the first witness of the plaintiff because in that case not only the requirement of law under Order 18 Rule 3A C.P.C. gets fulfilled but the court is also helped by total 2 picture of the case. That being so, this Court would not find any merit in this application and accordingly, the same is hereby dismissed with the aforementioned observations. (Mihir Kumar Jha,J.) Surendra/