JUDGMENT Petitioner has filed this petition challenging the order dated 7.8.2003 passed by 1 Civil Judge Class I, Bhopal in Civil Suit No. R.C.S. 170-A/2002 (Pritam Shardas v. Smt. Ramrakhi Sai) by which the trial Court has rejected the application filed by the petitioner under Order 26 Rule I CPC for examination of petitioner on commission, on the ground that three opportunities to lead evidence were allowed to the petitioner and plaintiff has opposed the application. From the perusal of application Annexure P- 1 under Order 26 Rule I CPC, the application was filed on the ground that the petitioner is an old lady, not keeping good health and not able to appear in the Court for evidence. Apart from this, petitioner is not well acquainted with Hindi language and is a Sindhi speaking lady. On this ground, the application was filed for appointment of a competent lawyer knowing Hindi and Sindhi, both the languages. The aforesaid application was filed belatedly, but looking to the fact that the petitioner is an old lady of 90 years, as is apparent from the perusal of Annexure P-3 and is not keeping good health for which a medical certificate was filed before the trial Court and the respondent though served, but has not appeared in the Court, in the circumstances, in my opinion the trial Court without considering the glaring fact has rejected the application filed by the petitioner and has not exercised the jurisdiction under Order 26 Rule 1 CPC. Consequently, the order passed by the trial Court Annexure P-4 is hereby quashed. The petitioner; s application under Order 26 Rule 1 CPC, is allowed for examination of petitioner on commission. As the petitioner has filed the aforesaid application belatedly, so she is liable to pay costs of Rs. 500/- (Rupees five hundred only) to the other side in the trial Court on next date of hearing. The trial Court after hearing both the parties will appoint a competent person as commissioner to record the evidence of petitioner. As the petitioner has made a prayer that some counsel well acquainted with Hindi and Sindhi language be appointed as commissioner, this prayer will be considered by the trial Court and with the consent of parties some local counsel will be appointed as commissioner. The commissioner's fee as fixed by the trial Court will be paid by the petitioner. As the petitioner has made a prayer that some counsel well acquainted with Hindi and Sindhi language be appointed as commissioner, this prayer will be considered by the trial Court and with the consent of parties some local counsel will be appointed as commissioner. The commissioner's fee as fixed by the trial Court will be paid by the petitioner. The commissioner will examine the petitioner within a period of 10 days from the date of issuance of commission. With the aforesaid direction, this petition stands allowed. No order as to costs. C.C. as per rules.