IN THE HIGH COURT OF JUDICATURE AT PATNA C.R. No.276 of 2007 SWAMI SATYA NAND CHELA SWAMI SHEODHARMANDJI Versus SHYAM LAL NONIA @ SHAMBHU NONI & ORS. ----------- C.R. No.277 of 2007 SWAMI SATYA NAND CHELA SWAMI SHEODHARMANDJI Versus SHYAM LAL NONIA @ SHAMU NONIA & ORS. ----------- 2. 31.7.2008 Heard counsel for the petitioner. This Court does not find any error in the two impugned orders of the Court below which has definitely acted within the limited scope of Order 26 Rule-I C.P.C. while refusing cross examination of the defendant-petitioner on commission specially when it had found that there was no such material to firmly establish the plea of sickness or infirmity of the defendant petitioner. This Court exercising the power under section 115 C.P.C. would thus find no reason to interfere with the impugned order which does not suffer from any jurisdictional error. It is, however, observed that in case the counsel for the defendant petitioner in the Court below intimates a firm date for appearance of the petitioner 2 Surendra/ for his cross-examination, the court below will make all endeavours to ensure that he is cross-examined on the same day. With the aforementioned observation, both the applications are disposed of. ( Mihir Kumar Jha,J.)