44. 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 within the local limits of the appellate jurisdiction of such Court, if it is High Court Division, or if it is not High Court Division, then within the local limits of the appellate jurisdiction of the High Court Division to which it is subordinate, 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 distant 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 ¹[Code of Civil Procedure, 1908,] for the examination of the person in the prison in which he is confined.