Sahidullah Munshi, J. - (1.) This is an application filed by the defendant No. 3 Nikhil Nischal Bagree praying for appointment of a fit and proper person as Commissioner for recording evidence of Sri Madanlal Bagree. In the application it has been categorically mentioned that the petitioner is desirous of adducing evidence through the said Madanlal Bagri who is a member of Bagree family and is related to Bagree family including the petitioner, the plaintiff No. 1 as well as late Gaura Devi Bagree. According to the petitioner evidence through Madanlal Bagree, a member of the Bagree famly is very vital in this case in as much as his evidence might establish the nature of relationship which late Gopal Das Bagree and Gaura Devi Bagree had with the petitioner which ultimately resulted in the adoption of the petitioner by the late Gaura Devi Bagree. It is also stated by the petitioner that since the petitioner/defendant No. 3 was adopted by Gaura Devi Bagree, an attempt has been made by way of instituting the present suit challenging the said adoption and a prayer has been made that the deed of adoption dated 25.12.2003 is nonest. From the averment of the petition it also appears that the said Madanlal Bagree is now aged about seventy years and normal circumstances do not permit such a person to depose in the box. Therefore, it would be just and proper to appoint a commissioner recording his evidence.
(2.) Notice of Motion has been served upon the plaintiff's Advocate-on-record namely Sri Sanjoy Paul, but he requested the learned Advocate of the petitioner to serve Mr. Deepak Kumar Bhattacharyya who is currently on record in this suit being CS 258 of 2004. Accordingly, the petitioner has also caused serve of this application upon Mr. Deepak Kumar Bhattacharya and he received the same on 10.01.2018. Despite service of notice no one appears before this Court today when the matter is taken up.
(3.) Considering the prevailing circumstances and the submissions made by Mr. Saha on behalf of the petitioner this Court deems it proper to appoint a Commissioner for recording of evidence of Sri Madanlal Bagree.;