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The Code of Civil Procedure, 1908: page 184

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 184, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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             (c) 1[any person in the service of the Government] who cannot in the opinion of the Court, attend
             without detriment to the public service:
         2
      [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.
     3
      [4A. Commission for examination of any person resident within the local limits of the
jurisdiction of the Court.—Notwithstanding anything contained in these rules, any court may, in the
interest 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.]
    5. Commission or request to examine witness not within India.—Where any Court to which
                                                                                   e
application is made for the issue of a commission for the examination of a person residing at any place
                                                                           od
not within 4[India] is satisfied that the evidence of such person is necessary, the Court may issue such
commission or a letter of request.
                                                                   aC
    6. Court to examine witness pursuant to Commission.—Every Court receiving a commission for
the examination of any person shall examine him or cause him to be examined pursuant thereto.
                                                              di
    7. Return of commission with depositions of witnesses.—Where a commission has been duly
                                                        In
executed, it shall be returned, together with the evidence taken under it, to the Court from which it was
issued, unless the order for issuing the commission has otherwise directed, in which case the commission
shall be returned in terms of such order; and the commission and the returned thereto and the evidence
taken under it shall 5[(subject to the provisions of rule 8)] from part of the record of the suit.
    8. When depositions may be read in evidence.—Evidence taken under a commission shall not be
read as evidence in the suit without the consent of the party against whom the same is offered, unless—
         (a) the person who gave the evidence is beyond the jurisdiction of the Court, or dead or unable
     from sickness or infirmity to attend to be personally examined, or exempted from personal
     appearance in Court, or is a 6[person in the service of the Government] who cannot, in the opinion of
     the Court, attend without detriment to the public service, or
         (b) the Court in its discretion dispenses with the proof of any of the circumstances mentioned in
     clause (a) and authorizes the evidence of any person being read as evidence in the suit, notwithstanding
     proof that the cause for taking such evidence by commission has ceased at the time of reading the same.
                                            Commissions for local investigations
    9. Commissions to make local investigations.—In any suit in which the Court deems a local
investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of
ascertaining the market-value of any property, or the amount of any mesne profits or damages or annual
net profits, the Court may issue a commission to such person as it thinks fit directing him to make such
investigation and to report thereon to the Court:



1. Subs. by the A.O 1937, for “any civil or military officer of the Government”.
2. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977).
3. Ins. by Act 46 of 1999, s. 29 (w.e.f. 1-7-2002).
4. Subs. by Act 2 of 1951, s. 3, for “the States”.
5. Subs. by Act 104 of 1976, s. 75, for certain words (w.e.f. 1 -2-1977).
6. Subs. by the A.O. 1937, for “civil or military officer of the Government”.


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