SECTION 77, 78 OF CODE OF CIVIL PROCEDURE 1908

What is Letter of request? What is the meaning Commissions issued by foreign Courts? Section 77 and 78 of Code of Civil Procedure 1908

Letter of request and Commissions issued by foreign Courts are defined under Section 77 and 78 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 77 of Code of Civil Procedure 1908 "Letter of request"

In lieu of issuing a commission the Court may issue a letter of request to examine a witness residing at any place not within India.

 

Section 78 of Code of Civil Procedure 1908 "Commissions issued by foreign Courts"

Subject to such conditions and limitations as may be prescribed the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issue by or as the instance of-

(a) Courts situate in any part of India to which the provisions of this Code do not extend; or

(b) Courts established or continued by the authority of the Central Government outside India, or

(c) Courts of any State or country outside India.
 

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