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Bare acts > Code of Civil Procedure, 1908 > Order 26 Rule 22
 
   


 

22. Issue, execution and return of commissions, and transmission of evidence to foreign court.- The provisions of rule 6, 15, sub-rule (1) of rules 16A, 17, 18 and 18B of this orders 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.

HIGH COURT AMENDMENTS

Andhra Pradesh.- Rule 23 and Order XXVI-A inserted in as in Madras.

Karnataka.- Add the following Rules after Rules 22:—

“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 think reasonable for the P 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.” (30.3.1967).

Kerala, Lakshdweep Island.- (Noti. B1-3312/58 of 7.4.1959) - Rule 23 and Order XXVI-A. Rules 1-3 inserted as in Madras (9.6.1959).

Madras, Pondicherry.- (a) Add the following Rule 23:

“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.” (9.6.1923).

(b) (Dis. No. 1685 of 1914)- Insert the following as order XXVI-A:—

Order XXX VI-A

“1. Court may issue commission to translate account or other document: The Court may, in any suit issue a commission to such persons, as it thinks fit to translate accounts and other documents which are not in the language of the Court.

2. Report of commissioner is evidence in the suit. The report of the commissioner shall be evidence in the suit and shall form part of the record.

3. Court may order deposit of expense of Commissioner. Before issuing any commission under this Order, the Court may order such sum (if any) as it thinks reasonable for the expenses 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.” (9.6.1959).

Orissa.- Add the following rules after Rules 22:-

“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 Commission.

(ii) Same as Madras Order XXVI-A, Rule 2.

(iii) Same as Madras Order XXVI-A, Rule 3 with substitution of the words “under this Order” by the words “under this rule”.

24. Same as Madras Rule 24.’ (29.12.1961).

 

 

 

 

 

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