Judgment ( 1 ) ACCORDING to learned counsel for the appellant, the only defect pointed out by office in the original file of s. B. Civil Misc. Appeal No. 2864/2004 DR (J) was regarding non-mention of the name of the Presiding Officer of Court below. ( 2 ) NOW the file has been reconstituted by the order of this Court and the appellant has mentioned the name of presiding Officer of the Court below, therefore, no defect survives. ( 3 ) AT the request of learned counsel for the appellant, the appeal is heard finally on merits. It appears from the order dated 1. 11. 2003 that more than two years ago, the order was passed by the Civil Judge (Senior Division), Bhilwara and the appellant was directed to constitute medical board for examination of respondent. ( 4 ) ACCORDING to learned counsel for the appellant, the court below has committed serious error of law by directing the appellant to constitute medical board because by that, the appellant is directed to collect evidence which may go against the appellant and no one can be directed to procure the evidence against himself. It is also submitted that the disease which has been shown by the respondent is not a disease prescribed in the Schedule to be an occupational disease, therefore, there was no reason for directing the appellant to constitute the medical board. ( 5 ) THERE is no reason to interfere in this appeal merely on the ground that the order was passed on 1. 11. 2003 and the appeal was kept in defect side till it was lost and the original file was not traceable and the case before the court below was at final arguments stage. Apart from it, there is no justification in interfering with the order of constituting medical board for examination of the respondent because of the reason that the appellant is not going to suffer in any manner. In view of the above, this appeal, having no merit, is hereby dismissed.