V. RAMASWAMI, J. :- This is an appeal against the rejection of an application filed under O.16, R.19 civil P.C. read with S.9 of the Company Court Rules, for the issue of a subpoena to a witness residing at Bombay, directing him to attend and give evidence in a company petition in which the appellant is the respondent.

2. The learned Judge dismissed the application on the ground that O.16, R.19 is not applicable to a case where the witness resides beyond a distance of 500 kilometers, and since Bombay is beyond 500 kilometers, the Court cannot issue any order directing the witness to attend in person to give evidence and that the applicant must make his own arrangements to secure the evidence of the witness.

O.16, R.19 C.P.C. reads as follows:

"19. No one shall be ordered to attend in person to give evidence unless he resides -

(a) within the local limits of the Court's ordinary original jurisdiction, or

(b) without such limits but at a place less than one hundred or (where there is railway or steamer communication or other established public conveyance for five-sixths of the distance between the place where he resides and the place where the Court is situate) less than five hu