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