The provisions of rules 6, 15 [Sub-rule (1) of rule 16A, 17, 18 and 18B] [Substituted by the Code of Civil Procedure (Amendment) Act, 1976, Section 72, for " 16, 17 and 18" (w.e.f. 1.2.1977).] of this Order in so far as they are applicable shall apply to the issue, execution and return of such commissions, and when any such commission has been duly executed it shall be returned, together with the evidence taken under it, to the High Court, which shall forward it to the Central Government, along with the letter of request for transmission to the foreign court.
Order 26, Rules 23 and 24 High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Karnataka].-After rule 22, add the following rules: "23. (1) The Court may in any suit issue a commission to such person or persons as it thinks fit to translate accounts and documents which are not in the language of the Court. (2) Before issuing such a commission the Court may order such sum, if any, as it thinks reasonable for the expenses of the commission to be paid into Court by the party at whose instance or for whose benefit the commission has been issued within such time as may be fixed by the Court. (3) The report of the Commissioner shall be evidence in the suit and shall form part of the record. (4) Where however a translation as required by rule 12 of Order XIII of this Code, has already been filed into Court, no further commission under this rule need be issued. (5) A translation submitted by the Commissioner or Commissioners under this rule shall be verified in the manner prescribed in rule 12 of Order XIII of this Code. 24. The provisions of this Order shall apply so far as may be, to proceedings in execution of a decree or order."- (R.O.C. No. 2526/1959, dated 9-2-1967). [Kerala].-Same as that of Madras-(9-6-1959). [Madras].-After rule 22, the following rule shall be inserted, namely: "23. Application of Order to execution proceedings.-The provisions of this Order and of Order XXVI-A, shall apply, so far as may be, to proceedings in execution of a decree or order." [Orissa].-After rule 22 insert the following: "23. (i) The Court may in any suit issue a commission to such persons as it thinks fit to translate accounts or other documents which are not in Court language or to inspect documents for purposes to be specified in the order appointing such Commissioner. (ii) The report of the Commissioner shall be evidence in suit and shall form part of the record. (iii) Before issuing commission under this rule the Court may order such sums (if any) as it thinks reasonable for the expenses of the commission to be, within a time to be fixed, paid in the Court, by the party at whose instance or for whose benefit the commission is issued. 24. Application of Order to execution proceedings.- The provisions of this Order shall apply, as far as maybe, to proceedings in execution of a decree or order."-(29-12-1961). Order 26-A High Court Amendments-[Andhra Pradesh].-Same as that of Madras. [Kerala].-Same as that of Madras-(9-6-1959). [Madras].-Insert the following as Order XXVI-A:- "ORDER XXVI-A 1. The Court may, in any suit issue a commission to such person, as it thinks fit, to translate accounts and other documents which are not in the language of the Court. 2. The report of the Commissioner shall be evidence in the suit and shall form part of the record. 3. Before issuing any commission under this Order, the Court may order such sum (if any) as it thinks reasonable for the expense of the commission to be, within a time to be fixed, paid into Court by the party at whose instance or for whose benefit the commission is issued."