presents, materials, articles and valuables to her as per the list appended to the schedule to the application to her. On 21-9-2015, the appellant had engaged one Swarup Bhattacharjee as his counsel to conduct his case and instructed him to pray for time by submitting a medical certificate. It, however, transpired that no such appearance on his behalf was recorded in the order sheet for the day. On the contrary, one Supriya Debroy had appeared on his behalf as the Court appointed legal aid counsel on his behalf. The next date of appearance was fixed for 17-10-2015. As he was absent, the trial court on 17-10-2015 directed that the case would proceed against the appellant ex-parte as no step was taken by the legal aid counsel; the case was thereafter fixed for PW examination on 7-12-2015. On 7-122015, the respondent submitted her examination-in-chief and that of her witness (PW-2) by affidavit. On that day, the appellant appeared before the trial court through his legal aid counsel with a medical certificate to the effect that the appellant had undergone renal allograft on 17-8-2015 and that he would regain fitness on 1-1-2016 and prayed for setting aside the exparte order dated 17-10-2015 by allowing him to file his written statement. The trial court, however, by the order dated 7-12-2015 vacated the ex-parte order only to the extent of allowing him to cross-examine the respondent on the next date on payment of Rs.1,500/- as cost and at the same time rejected his prayer for filing his written statement. The trial court then fixed 12-1-2016 for payment of cost and cross-examination of PWs.
