Mera Samvidhaan All of Code of Civil Procedure, 1908

Order XXVI · Commissions

19Cases in which High Court may issue commission to examine witness.

Order 26, Rule 19

2[Commissions issued at the instance of foreign Tribunals

(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 clauses (a), (b) 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.

2 Ins. by Act 10 of 1932, s. 3.

Order 26, Rule 19 of The Code of Civil Procedure, 1908 is reproduced in full above, as printed by India Code, with its footnotes and amendment markers. Read the whole Act, or browse every Act on Mera Samvidhaan.