JUDGMENT : 1. Setting aside of the order dated 30.08.2016, passed by the learned 1stAdditional District and Sessions Judge, through the medium of instant petition under Section 104 of J&K Constitution, is implored for by the petitioner, by virtue whereof petitioner’s application under Section 151 CPC has been dismissed. 2. The succinct facts are that respondent bank has filed a recovery suit against M/s Himalayan Bee Keeping Co-operative Limited; Manzoor Hussain; and Bhupinder Singh. Manzoor Hussain, i.e. Defendant No.2, has mortgaged his plot of land and Bhupinder Singh-Defendant No.3 stood as Guarantor. On 04.09.2013, an application under Order 12 Rule 6 CPC was filed by Plaintiff bank. Objections thereto were filed by Defendant No. 2. On 04-03-2014, learned Trial Court passed an order, framing two issues. Parties were directed to submit the list of witnesses within 15 days and next date was fixed for 24.03.2014 and on 02.04.2014. Petitioner/Defendant filed an application for furnishing list of witnesses with delay of only 14 days. Objections thereto were filed. On 31-10-2014, the order by virtue of which application filed by the Defendants No.1 & 2 for permitting them to file an application for furnishing list of witnesses, was dismissed. The petitioner submitted before the Court below that he was suffering from life consuming diseases and was under continuous treatment and an observation of Oncologist and copies of medical certificates issued from TATA Memorial Hospital and Department of Radiation oncology GMC Srinagar from time to time were submitted by him. Learned counsel for the petitioner also argued before the Court below that the Application could be considered under Sub-rule (3) of Rule 1 of Order 16 of CPC and prayed for the enlargement of time under Section 148 CPC and thereafter matter was fixed for Petitioner’s evidence and on 17-03-2016, the petitioner’s right to lead evidence was closed. On 12-04-2016, application under Section 151 CPC was filed by the petitioner to recall the order dated 17-03-2016 which came to be dismissed vide Order impugned. Hence this petition. 3. Heard learned counsel for the parties and perused the record. 4. The petitioner has raised some additional grounds which are: (a) That under Section 148 of CPC, the court below could have enlarged the time for furnishing the application for list of witnesses as there was a delay of only 14 days. Hence this petition. 3. Heard learned counsel for the parties and perused the record. 4. The petitioner has raised some additional grounds which are: (a) That under Section 148 of CPC, the court below could have enlarged the time for furnishing the application for list of witnesses as there was a delay of only 14 days. (b) That under section 151 CPC, the Court has ample powers to reopen the evidence. (c) That in case the petitioners/Defendant No.1 & 2 are allowed to furnish all the evidence by way of Affidavit in one go, i.e. on or before next date of hearing, no prejudice would be caused to the Respondent bank as the respondent bank can cross-examine the said witness even otherwise the application for setting aside ex parte proceedings on behalf of defendant no.3(Guarantor) is still subjudice and has not been decided, yet because it is only after hearing/affording an opportunity to all the three defendants, issue no.2 can be decided. (d) That moreover even as on date the applicant is undergoing Chemotherapy 5. On the other hand, the argument of the respondent bank is that the petitioner is a registered co-operative limited and not an individual. No individual is arrayed as a petitioner so medically not possible for a person to be unwell much less by cancer or any other life consuming disease and the application under Section 151CPC was moved in the interest of justice against the closure of evidence by the court below on the plea that the defendant no.2 is suffering from cancer and the respondent further contended that medical record appended with the application is for acid reflux disease, Prevention of clotting, prescription drugs and diabetes tests. Medical record seems to be on notebook paper, with the name of doctor not really legible. Objections filed by the plaintiff with certified copy of the record of presence of the defendant no, 2 in other courts on the dates prior to the dates in the suit for evidence and also repeatedly so in dates proximate as well as in close sequence in the courts other than 1st Additional District Judge, Jammu, and that the instant petition is with the assertion that the petitioner is suffering from cancer and as such could not be present before the court of 1stAdditional District Judge, Jammu. 6. 6. Learned counsel for the petitioner contends that petitioner repeatedly requested the Court below that he was suffering from the life consuming disease and placed on record the Medical record issued by the Tata Memorial Hospital, wherein it is reflected that he is still undergoing the cycles of Chemotherapy. He also states that under Section 151 CPC, the court below has ample powers to afford opportunity to the Petitioner for adducing evidence. Learned counsel for the petitioner prays that in case the Petitioner is not allowed to lead evidence in support of his defence, irreparable loss would be caused to him and it would amount to passing of ex-parte Judgment and would, therefore, cause failure of justice. Reliance in this regard is placed on judgments reported in 2012 SCC Online AP 81: (2012) 5 ALD 59 titled M/s. Rouf and Sons Estates (Regd. Firm) its Managing Partner P. Abdul Rouf Khan and others v. Palem Mallikarjuna Reddy and others, 2006 SCC OnLine P&H 332: (2006) 3ICC 87 titled Varinder Kumar v. Municipal Corporation Ludhiana and another and (2011) 11 SCC 275 . 7. Keeping in view the circumstances and in particular the serious ailment of the Petitioner, this petition is disposed of by directing the Court below to afford one opportunity to the Petitioner for leading evidence in support of his case, failing which no further opportunity would be provided and learned Trial Court shall proceed ahead in accordance with law. 8. Copy be sent down.