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The Code of Civil Procedure, 1908: page 183

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 183, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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recorded, to give within the time fixed by it security for the payment of all costs incurred and likely to be
incurred by any defendant:
      Provided that such an order shall be made in all cases in which it appears to the Court that a sole
plaintiff is, or (when there are more plaintiffs than one) that all the plaintiffs are, residing out of India and
that such plaintiff does not possess or that no one of such plaintiffs possesses any sufficient immovable
property within India other than the property in suit.
    (2) Whoever leaves India under such circumstances as to afford reasonable probability that he will
not be forthcoming whenever he may be called upon to pay costs shall be deemed to be residing out of
India within the meaning of the proviso to sub-rule (1).]
    2. Effect of failure to furnish security.—(1) In the event of such security not being furnished within
the time fixed, the Court shall make an order dismissing the suit unless the plaintiff or plaintiffs are
permitted to withdraw therefrom.
     (2) Where a suit is dismissed under this rule, the plaintiff may apply for an order to set the dismissal
aside and, if it is proved to the satisfaction of the Court that he was prevented by any sufficient cause from
furnishing the security within the time allowed, the Court shall set aside the dismissal upon such terms as
to security; costs or otherwise as it thinks fit, and shall appoint a day for proceeding with the suit.
    (3) The dismissal shall not be set aside unless notice of such application has been served on the
defendant.                                                                   e
                                                          ORDER XXVI
                                                          COMMISSIONS
                                                                            od
                                                                      aC
                                             Commissions to examine witnesses
                                                                di
    1. Cases in which Court may issue commission to examine witness.—Any Court may in any suit
issue a commission for the examination on interrogatories or otherwise of any person resident within the
                                                           In
local limits of its jurisdiction who is exempted under this Code from attending the Court or who is from
sickness or infirmity unable to attend it:
       1
      [Provided that a commission for examination on interrogatories shall not be issued unless the
Court, for reasons to be recorded, thinks it necessary so to do.
      Explanation.—The Court may, for the purpose of this rule, accept a certificate purporting to be
signed by a registered medical practitioner as evidence of the sickness or infirmity of any person, without
calling the medical practitioner as a witness.]
    2. Order for commission.—An order for the issue of a commission for the examination of a witness
may be made by the Court either of its own motion or on the application, supported by affidavit or
otherwise, of any party to the suit or of the witness to be examined.
    3. Where witness resides within Court’s jurisdiction.—A commission for the examination of a
person who resides within the local limits of the jurisdiction of the Court issuing the same may be issued
to any person whom the Court thinks fit to execute it.
   4. Persons for whose examination commission may issue.—(1) Any Court may in any suit issue a
commission 2[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




1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977).
2. Subs. by s. 75, ibid., for “for the examination of” (w.e.f. 1-2-1977).

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