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The Code of Civil Procedure, 1908: page 330

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 330, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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                                                     No. 7
                                     COMMISSION TO EXAMINE ABSENT WITNESS.
                                                (O. 26, rr. 4, 18.)
                                                     (Title)
To
      ……………..
      …………….
     WHEREAS the evidence of………………………………………is required by the……………….
in the above suit; and whereas……………………………………..; you are requested to take the evidence on
interrogatories [or viva voce] of such witness……………………………………………….and you are hereby
appointed Commissioner for that purpose. The evidence will be taken in the presence of the parties or
their agents if in attendance, who will be at liberty to question the witness on the points specified, and you are
further requested to make return of such evidence as soon as it may be taken.
     Process to compel the attendance of the witness will be issued by any Court having jurisdiction on your
application.
     A sum of Rs……………………., being your fee in the above, is herewith forwarded.
     GIVEN under my hand and the seal of the Court, this.…………………day of……………….20……...
                                                                                                             Judge.
                                                        No. 8
                                              LETTER OF REQUEST.
                                                    (O. 26, r.5.)                 e
                                                        (Title)            od
     (Heading:—To the President and Judges of, etc., etc., or as the case may be.)
                                                                   aC
     WHEREAS a suit is now pending in the………………………………………………...in which A. B. is
plaintiff and C.D. is defendant; And in the said suit the plaintiff claims.
                                                              di
                                                (Abstract of claim.)
     And whereas it has been represneted to the said Court that it is necessary for the purposes of justice and for
                                                         In
the due determination of the matters in dispute between the parties, that the following persons should be
examined as witnesses upon oath touching such matters, that is to say:
                                                       E. F., of
                                                      G. H., of
                                                      I. J., of                                and

     And it appearing that such witnesses are resident within the jurisdiction of your honourable Court;
     Now I…………………………………., as the………………………………. of the said Court, have the
honour to request, and do hereby request, that for the reasons aforesaid and for the assistance of the said
Court, you, as the President and Judges of the said……………….,or some one or more of you, will
be pleased to summon the said witness (and such other witnesses as the agents of the said plaintiff and
defendant shall humbly request you in writing so to summon) to attend at such time and place as you shall
appoint before some one or more of you or such other person as according to the procedure of your Court is
competent to take the examination of witnesses, and that you will cause such witnesses to be examined upon
the interrogatories which accompany this letter of request (or viva voce) touching the said matters in question
in the presence of the agents of the plaintiff and defendant, or such of them as shall, on due notice
given, attend such examination.
     And I further have the honour to request that you will be pleased to cause the answers of the said witnesses
to be reduced into writing, and all books, letters, papers and documents produced upon such examination to be
duly marked for identification, and that you will be further pleased to authenticate such examination by the
seal of your tribunal, or in such other way as is in accordance with your procedure, and to return the same,
together with such request in writing, if any, for the examination of other witnesses to the said
Court.
     Note.—If the request is directed to a Foreign Court, the words “through 1[the Ministry of External Affairs
of the Government of India] for transmission” should be inserted after the words “other witnesses” in the
last line of this form.


1. Subs. by the A. O. 1950, for “His Majesty’s Secretary of State for Foreign Affairs”.

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