- (1.) An order of remand passed by the Learned Additional District Judge, 1st Court, Contai, Purba Medinipur on 24th June, 2015 in Title Appeal No. 17 of 2012 is under challenge in this first miscellaneous appeal before us.
(2.) On perusal of the judgement and decree passed by the Learned Trial Judge on 29th November, 2011 in Title Suit No. 13 of 2010, we are of the view that the fate of the said suit is primarily dependent on the Ext. 3 which was a disablement certificate issued by the medical board certifying that Durgapada Deb Nath was a lunatic suffering from congenial lunacy. The said medical certificate was admitted into the evidence and was marked as Ext. 3, however with objection. The defendants objected to the admission of the said document into evidence as it was not proved in accordance with law. Despite such objection was raised by the defendants, the plaintiffs/respondents did not take any further step for proving the said document by bringing the Doctors in the witness box.
(3.) Since the plaintiffs/respondents did not take any further step for proving the said medical certificate in accordance with law, the Learned Trial Judge ultimately refused to rely upon the said document and dismissed the suit principally on that ground.;