JUDGMENT

P. K.TRIPATHY, J. — An ex parte decree was passed against the petitioners in Money Suit No. 215 of 1993. As against that, petitioners filed an application under Order, 9, Rule 13, C.P.C. which has been registered as Misc. Case No. 87 of 2001 in the Court of Civil Judge (Sr. Division), Rourkela. During the penden¬cy of that Misc. Case, an application filed by the petitioners to stay further proceedings of Execution Case No. 19 of 1999 was rejected by the Court below. As against that, petitioners pre¬ferred C.R.P. No. 39 of 2002 and, this Court on 18.1.2002 dis¬posed of the said revision by directing the Court below to dis¬pose of Misc. Case No. 87 of 2001 within two months. After that, in that Misc. Case petitioners filed an application under Order 26, Rule 1, C.P.C. praying for examination of one of the Directors of the Company as a witness in the said Misc. Case through a Commission on the ground that the said witness is suffering from blood cancer and is unable to attend the Court at Rourkela being residing at Bhilai in the State of Madhya Pradesh. That petition was rejected by the Court below as per the impugned order passed on January 30, 2003. Asserting to the aforesa