( 1 ) THIS is a petition for revision of an order of a learned Subordinate Judge of Murshidabad directing that the evidence of the plaintiff's husband be taken on commission.

( 2 ) THE plaintiff who is a lady had already given evidence on commission in the suit and it is suggested that her husband was her legal adviser and a most important witness in the case. The defence were naturally anxious to cross examine this witness in open Court. But an application was made for the issue of a commission on the ground that the witness was unfit to give evidence.

( 3 ) AN affidavit of the plaintiff was filed in support of the application and a medical certificate of some medical practitioner was also tendered.

( 4 ) THERE can be no doubt that the learned Judge in coming to the conclusion that a commission should issue was influenced by this medical certificate. In his order he states :"heard the learned lawyers of both parties and perused the petition of the plaintiff of date supported by a medical certificate. Plaintiff's prayers for examination of her ailing husband on commission will be allowed. "

( 5 ) MR. Banerji on behalf of the petitioner has contended that this med