The application out of which this Civil Revision Petition arises is one under section 151, Civil Procedure Code. The controversy between the parties to the original suit in which the application was filed is as to the legitimacy of the plaintiff which the defendant, the alleged father, is disputing. The suit is one for partition.

The defendant applied under section 151, Civil Procedure Code, for a direction from the Court to the plaintiff and his mother, his next friend, to appear in person before the Court in order to enable a medical expert to take samples of their blood. The learned Judge below has ordered the application in these terms:

“After hearing both the parties, it appears to me that it is necessary that the plaintiff should be first examined by the medical expert and he should give his, opinion to the Court whether it is safe to take some blood from him. For appearance of expert, plaintiff, his mother and the first defendant on 5th August, 1950.”

After this order the defendant served a notice on the pleader for the plaintiff in these terms:

“You are required to please state whether your client is prepared to give blood of her son, that is, the plaintiff, and her