1. THIS is an application under section 115 of the Code of Civil Procedure challenging Order no. 125 dated 11th July 1972 and. Orders Nos. 132 and 135 dated 7th august 1972 and 9th August 1972 respectively passed by the learned subordinate Judge, 9th Court at Alipore, in Title Suit No. 86 of 1966.

2. THE plaintiff is the petitioner before us. The petitioner through his next friend instituted a Title Suit against the opposite parties for partition by metes and bounds and for accounts. When the suit became ready for hearing on 26th June, 1972 the opposite parties 1 and 2 filed an application stating one Sri Satish Chandra ghosh, one of the witnesses, cited on behalf of the defendants and who happens to be the maternal uncle of the petitioner and the opposite parties Nos. 1 and 2 and is acquainted with ail the facts of the case should be examined on commission. The grounds stated in the application were that the witness is 76 or 77 years of age, that his vision is not well due to cataract and that due to palpitation and heart disease he does not go out of the house. It was further stated that it is not possible for him to come to court to depose and in that event his life woul