1(1) If a High Court is satisfied.-- (a) that a foreign court situated in a foreign country wishes to obtain the evidence of a witness in any proceeding before it, (b) that the proceeding is of a civil nature, and (c) that the witness is residing within the limits of the High Court's appellate jurisdiction, it may, subject to the provisions of rule 20, issue a commission for the examination of such witness. (2) Evidence may be given of the matters specified in clause (a), (h) and (c) of sub-rule (1)-- (a) by a certificate signed by the consular officer of the foreign country of the highest rank in India and transmitted to the High Court through the Central Government, or (b) by a letter of request issued by the foreign Court and transmitted to the High Court through the Central Government, or (c) by a letter of request issued by the foreign court and produced before the High Court by a party to the proceeding. 1. Ins. by Act 10 of 1932, s. 3.
Chapter ORDER XXVI — Commissions
Section Order XXVI Rule 19
Cases in which High Court may issue commission to examine witness
Printed from Law on Tips • The Code of Civil Procedure, 1908