This is a petition filed by one Zackria Rowther against the order of the District Munsif of Valangiman at Kumbakonam, refusing to issue a commission for examining him at Singapore. He was the defendant in O. S. No. 160 of 1954. on the file of that Court, a suit filed against him by one Abdul Kareem Rowther for recovering a sum of Rs. 2,400 evidenced by a settlement of accounts said to have been signed by him, with full knowledge and consent. His defence was that he did not sign in the accounts, and that the amount claimed was not due from him He filed I. A. No. 601 of 1955 for examining him on commission, in Singapore, on the ground that he was residing in Singapore, for more than 1 year past. The District Munsif held that it was essential in such a case, for him to appear in person in Court and deny the settlement of accounts and his signature therein. So he refused to issue a commission. Hence this petition.

I have perused the entire records and heard the counsel on both sides. Mr. K. Raman for the petitioner, urged that the lower Court went wrong in refusing to issue a commission, when it was admitted that the petitioner was living in Singapore a far-off place. Mr. Naidu