This is a revision petition against the order of the learned Subordinate Judge, Chingleput, in I.A. No. 246 of 1959 in O.S. No. 71 of 1957. The defendant is the petitioner.

On the plaintiff’s application under Order 26, rule 1 of the Code of Civil Procedure, the lower Court permitted one Panchanatha Mudaliar to be examined as a witness on commission. It is common ground that Panchanatha Mudaliar is a material witness. The witness was sought to be examined on commission on the ground that he was very weak and infirm and confined to bed and that it was physically impossible for him to come to Court or be brought to Court. The affidavit in support of the application was accompanied by a medical certificate, dated 29th July, 1959, granted by Dr. P. T. Srinivasan, Honorary Assistant Surgeon, Government General Hospital, Madras. The certificate stated that Panchanatha Mudaliar was suffering from an attack of acute fever with hyperlipens and palpitation of the heart and that as he was to take complete rest, he was not in a fit condition to travel long distance. The defendant denied that Panchanatha Mudaliar was ill or sick, infirm or weak or confined to bed and opposed the appli