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CPC - ORDER XXVI - Rule 19. Cases in which High Court may issue commission to examine witness


    (1) If a High Court is satisfied-

        (a) that a foreign court situated in a foreign country wishes to obtain the evidence of a witness in any proceeding before it,

        (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.

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