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The Code of Civil Procedure, 1908: page 187

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 187, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    1
    [Provided that when the Commissioner is not a Judge of a Civil Court, he shall not be competent to
impose penalties; but such penalties may be imposed on the application of such Commissioner by the
Court by which the commission was issued.]
    (2) A Commissioner may apply to any Court (not being a High Court) within the local limits or
whose jurisdiction a witness resides for the issue of any process which he may find it necessary to issue to
or against such witness, and such Court may, in its discretion, issue such process as it considers reasonable
and proper.
    18. Parties to appear before Commissioner.—(1) Where a commission is issued under this Order,
the Court shall direct that the parties to the suit shall appear before the Commissioner in person or by their
agents or pleaders.
    (2) Where all or any of the parties do not so appear, the Commissioner may proceed in their
absence.
    1
     [18A. Application of order to execution proceedings.—The provisions of this Order shall apply,
so far as may be, to proceedings in execution of a decree or order.
     18B. Court to fix a time for return of commission.—The Court issuing a commission shall fix a
date on or before which the commission shall be returned to it after execution, and the date so fixed
shall not be extended except where the Court, for reasons to be recorded, is satisfied that there is
sufficient cause for extending the date.]                                      e
                       2
                                                                        od
                         [Commissions issued at the instance of foreign Tribunals
     19. Cases in which High Court may issue commission to examine witness.—(1) If a High Court is
satisfied.—                                                      aC
        (a) that a foreign court situated in a foreign country wishes to obtain the evidence of a witness in
    any proceeding before it,                               di
                                                       In
         (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 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.
    20. Application for issue of commission.—The High Court may issue a commission under rule 19—

         (a) upon application by a party to the proceeding before the foreign court, or
        (b) upon an application by a law officer of the State Government acting under instructions from
    the State Government.
    21. To whom commission may be issued.—A commission under rule 19 may be issued to any Court
within the local limits of whose jurisdiction the witness resides, or, where 3*** the witness resides within
the



1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977).
2. Ins. by Act 10 of 1932, s. 3.
3. The words “the high Court is established under the Indian High Courts Act 1861, or the Government of India Act, 1915, and”
   omitted by the A.O. 1937.

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