Walsh, J.

1. The plaintiff-respondent in this petition filed a suit; against the petitioner to recover a sum of money as commission under the usual Nattukottai Ghetti custom. The petitioner was the respondents agent at Thaiping in the Malay States. The plaint alleged that on 14th December 1929 the petitioner agreed to go out as agent for another term to the said Thaiping, that in respect of the aforesaid commission he agreed to return 750 rings with interest, and that if he broke the contract and defaulted to go out as agent he should return another 725 rings. But the petitioner defaulted to go out as agent. Consequently the suit was laid for the-value of 750 rings with interest. The defendant stated that the breach of the contract was on the plaintiffs side and counter-claimed damages assessed at the difference between the pay which he had to accept under another principal and the pay which he would have-received from the plaintiff. The suit was filed on 26th August 1931 four days before the defendant left for Thaiping which, it is not disputed, is his usual place of residence. The defendant applied to be examined on commission which the lower Court refused. Against this order