JUDGMENT The petitioner without assigning satisfactory reason wanted to be examined on commission. The learned counsel for the petitioner has passed on the copy of the application which he had moved before the Court by the said prayer. Only 2 points were mentioned therein. Firstly, the witness was old and unable to attend the Court and secondly, he was ill. Surprisingly, he failed to produce any medical certificate to support the contention that the witness was actually ill. The learned counsel for the petitioner has not been able to tell me here also in this Court about the illness with which the witness was suffering, although, more than a year has been passed away. The occasion for recording the statement of witness on commission arises only when the requirements of law are satisfied. Order 26 Rule 1 C.P.C. says that a Court may issue a commission for the examination or otherwise of a person ........ who is from sickness or infirmity unable to attend. Thus, the primary duty was cast on the party who press for recording a statement on commission to satisfy that the person concerned was unable to attend the Court on account of sickness or infirmity. Not only this, a duty has also been casted on the Court itself that in the sense, reasons have to be recorded by the Court itself, if it thinks that an order be passed for recording the statement of witness on commission. How the Court be made responsible without being satisfy the Court on 2 facts that the person concerned is unable to attend the Court on account of sickness or infirmity. In this background the learned Judge committed no wrong in rejecting the application. No Court is going to record reasons without being satisfied in respect of illness or infirmity to record the statement of witness on commission. The application has rightly been rejected by the Court below. No case for interference in revision is made out. The petition is dismissed.