Commissions for examination of prisoners

In any of the following cases, that is to say,--

1. (a) where it appears to any Civil Court that the evidence of a person confined in any prison, who, for any of the causes mentioned in section 42 or section 43, cannot be removed, is material in any matter pending before it ; or
2. (b) where it appears to any such Court as aforesaid that the evidence of a person confined in any prison so situate and more than ten miles distance from the place at which such Court is held, is material in any such matter ; or
3. (c) where the District Judge declines, under section 36, to countersign an order for removal ; the Court may, if it thinks fit, issue a commission, under the provisions of the Code of Civil Procedure, for the examination of the person in the prison in which he is confined. [Omitted]

⁴⁵ Omitted