IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.11878 of 2011 Smt.Pratibha Singh & Anr Versus Dwarika Prasad Agarwal & Ors ----------- 02. 26.07.2011. Heard the learned counsel for the petitioner and the learned counsel for the respondent No.17. This writ application has been filed against the order dated 25.05.2011 passed by the Sub Judge VIIth, Muzaffarpur in Title Suit No.61 of 1990 whereby the learned Court below rejected the application filed by the defendant No.17-petitioner for being examined on commission, on the ground that the application as contained in Annexure 2 is not supported with affidavit and the medical certificate. However, the learned counsel for the petitioner submitted that subsequent to the said application, another application has been filed by the petitioner on 06.07.2011 annexing the medical certificate in support of her claim that she is physically unable to move. An affidavit in support of the same has also been filed. The learned counsel further submitted that the order passed by another Court has also been filed in support of her 2 claim. A supplementary affidavit to this effect has also been filed today in the Court on behalf of the petitioner. In view of the above facts and circumstances of the case, now it becomes clear that learned Court below has rejected the application as contained in Annexure 2 by the impugned order only on the technical ground. The petitioner has now filed a fresh application removing all the said technalities. I, therefore, direct the Court below to pass a fresh order according to law on the application dated 06.07.2011 filed by the petitioner. With this observation, this writ application is disposed of. Sanjeev/- (Mungeshwar Sahoo,J.)