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Bare acts > Code of Civil Procedure, 1908 > Order 26 Rule 4
 
   


 

4. Persons for whose examination commission may issue.- (1) Any Court may in any suit issue a commission for the examination on interrogatories or otherwise of—

(a) any person resident beyond the local limits of its jurisdiction;

(b) any person who is about to leave such limits before the date on which he is required to be examined in court; and

(c) any person in the service of the Government who cannot, in the opinion of the court, attend without detriment to the public service:

Provided that where, under rule 19 of Order XVI, a person cannot be ordered to attend a court in person, a commission shall be issued for his examination if his evidence is considered necessary in the interests of justice:

Provided Further that a commission for examination of such person on interrogatories shall not be issued unless the court, for reasons to be recorded, thinks it necessary so to do.

(2) Such commission may be issued to any court, not being a High Court, within the local limits of whose jurisdiction such person resides, or to any pleader or other person whom the court issuing the commission may appoint.

(3) The court on issuing any commission under this rule shall direct whether the commission shall be returned to itself or to any subordinate court.

HIGH COURT AMENDMENTS

Allahabad.- Omit Rule 4. (18.9.1980).

Madhya Pradesh - (Noti. No. 3409 of 26.6.1943). Add the following, clause (d) to sub-rule (1) — “(d)any person who by reason of anything connected with the war cannot conveniently be spared.”

Rajasthan.- In Order XXVI after Rule 4 add the following:

“4-A. Commission for examination of any person resident with Court’s local limits.— (1) Notwithstanding anything contained in these rules, any Court may, in the interests of justice or for the expeditious disposal of the case or for any other reason, issue commission in any suit for the examination, on interrogatories or otherwise of any person resident within the local limits of its jurisdiction, and the evidence so recorded shall be read in evidence.

(2) The provision of sub-rule (1) shall apply to proceedings in execution of a decree or order.’ -Raj. Gaz., 1.12.1973, Pt. IV (Gaz.), S. 2, Ext., pp. 259-260.

 

 

 

 

 

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