JUDGMENT The revision is directed against the order dated 29.4.93 of VIth Addl. Judge to the Court of District Judge, Indore, passed in Civil Suit No. 5N92, whereby plaintiff's application for examination of one witness Shri Havelisingh on commission has been rejected. The brief history of the case is that the plaintiffs NAs filed an application under S.8 & 20 of the Arbitration Act. The applicant-defendants made appearance in the Court. The proceedings were going on, evidence was to be recorded. The applicant-defendant thereafter applied under O. 26 R. 4 CPC for issuance of commission for examination of shri Havelisingh. The plaintiffs-N As opposed the application. The same was rejected by the trial Court. Hence, this revision. It is admitted that Havelisingh is aged about 80 years. It is also admitted that he resides at Akabarpur, which is more than 500 Kms. from Indore, the headquarter of the trial Court. It is also not in dispute that there is no air service between Akabarpur and Indore even via Delhi. If a person is required to come to Indore by Air he will have to go first to Lucknow then to Delhi and thereafter he will have to come to Indore. Thus, it will be deemed that the place is not connected by Air service as provided under Order 16 Rule 19 CPC merely because a person aged about 80 years is not reported to be ill the commission could not be refused. In the opinion of this Court the learned trial Court has failed to exercise jurisdiction vested in it properly and the order, therefore, deserves to be set aside. The revision is, thus, accepted and it is directed that commission be issued for examination of Shri Havelisingh residing at Akabarpur on expenses being borne and paid by the defendant-applicants. They shall also bear expenses of counsel for the plaintiff non-applicant. The parties are directed to appear before the trial Court on 28.9.93. No further notice would be required. Copy of this order be sent immediately to the trial Court.