The Code Of Civil Procedure 1908
Order 26 :
1.[Commissions Issued At The Instance Of Foreign Tribunals :
Rule 19 :
Cases in which High Court may issue commission to examine witness :
(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 the 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.
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1. Inserted by Act 10 of 1932, section 3.
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