M.R. Hariharan Nair, J.

What is under challenge is the permission granted to His Highness Marthanda Varma of the Travancore Royal Family by the II Additional Sub Judge, Thiruvananthapuram, to examine his nominee one S. Parameswaran Nair as his agent on behalf of the defendants 1 to 5 in O.S. No. 1170/95 of the II Additional Sub Court, Thiruvananthapuram. The civil suit was' instituted by the present revision petitioners based on an agreement to sell executed by the members of the Royal Family including the 1st defendant - His Highness Marthanda Varma agreeing to convey 20 acres forming part of the Kowdiar Palace Compound at Thiruvananthapuram. Overruling the objections of the plaintiffs, the court below held that LA. No.

56/ 99 seeking permission for examination of Sri. S. Parameswaran Nair on behalf of the defendants 1 to 5 was maintainable and granted that relief.

2. Sri. P. Sukumaran Nair, who represented the revision petitioners, submitted that the impugned order is illegal and works out gross injustice. He points out that in the nature of the case, it is essential that the 1 st defendant himself should be examined in so far as the relevant aspects to be brought out ar