Horwill, J.

1. An ex-parte decree was passed against the defendant in Penang and the decree was transferred to the present plaintiff, a resident of British India. The transferee decree-holder brought a suit to enforce that decree and that suit was decreed ex-parte. The defendant who was in India to celebrate his daughters marriage, discovered that an ex-parte decree had been passed; and he applied to the Court to set it aside. This the Court did. The defendant thereupon left the jurisdiction of the Court almost immediately, presumably for Penang. A written statement was filed by his power-of-attorney agent and an application made by him to examine the defendant and two witnesses on commission. The learned District Munsif permitted the examination of the witnesses on commission but not the defendant, the reason given being that the defendant was present at the time of the hearing of the petition to set aside the ex-parte decree and he could easily have approached the Court and got it to record his evidence before he left for Penang. Against that order refusing to issue a commission to examine the defendant this Revision Petition has been filed.

2. It is argued (1) that the defend