Burn, J.

1. The learned District Judge ought, I think, to have summoned the witnesses, since the petitioners objected to the statements of the Reddi and the Karnam. Affidavits cannot properly be acted upon unless both parties agree to have them treated as evidence. The order will be set aside and the petition restored to file for disposal according to law as provided for in Order 33 of the Civil Procedure Code. The costs of this petition will abide and follow the result.