G. K. MISRA, J.

( 1 ) PETITIONER is the plaintiff. He filed Title Suit No. 44 of 1966 in the court of the munsif, Balasore, against the State of Orissa for a declaration that he did not encroach upon the disputed land and the order of eviction passed by the Tahsildar is not ex* ecutable against him. He also prayed for permanent injunction. His case was that he with one Gurbachan Singh had a canteen on the roadside land of orissa Trunk Road opposite to the Civil Court building In 1962. there was a proposal for construction of a Bus Stand Plaintiff was asked to vacate the site on which the old canteen stood and with the verbal permission of Sri K. C. Singh Deo. who was then the Collector as well as the Chairman of the Balasore Municipality, he shifted to the suit site and constructed a canteen The Collector of Balasore filed written statement challenging the aforesaid averments in the plaint. Plaintiff summoned Sri K. C. Singh Deo, Collector of Balasore, to be examined as a witness on his behalf on 2-11-66. An application was filed on behalf of the Collector to exempt his personal appearance in Court and to permit him to be examined on commission. The learned Munsif allowed the appl