Order LIV - Commissions : Supreme Court Rules 2013

How to issue Commissions? Order LIV of Supreme Court Rules 2013

Order LIV of Supreme Court Rules 2013 : "Commissions"

1. Order XXVI in the First Schedule to the Code with respect to commissions shall apply except rules 13,14, 19, 20, 21 and 22 thereof.

2. An application for the issue of a commission may be made by summons in Chambers after notice to all parties who have appeared or ex-parte where there has been no appearance.

3. The Commissioner shall, if the advocate or other person examining a witness so desires, record a question disallowed by the Commissioner and the answer thereto, but the same shall not be admitted as evidence until the Court before "'which the deposition is put in evidence shall so direct.

4. The Court may when the commission is not one for examination on interrogatories, order that the Commissioner shall have all the powers of a Court under Chapter X of the Indian Evidence Act, 1872 (1 of 1872) to decide question as to the admissibility of evidence and to disallow any question put to a witness.

5. Unless otherwise ordered the party at whose instance the commission is ordered to issue, shall lodge in the Court, copies of the pleadings in the case within twenty-four hours of the making of the order and those copies shall be annexed to the commission when issued.

6. Any party aggrieved by the decision of the Commissioner refusing to admit evidence or allow a question to be put may apply to the Court to set aside the decision and for direction to the Commissioner to admit the evidence or to allow the question but no such application shall be entertained if made later than seven days after the examination of the witness has been closed.

7. After the deposition of any witness has been taken down and before it is signed by him, it shall be read over and where necessary, translated to the witness, and shall be signed by him and left with the Commissioner who shall subscribe his name and the date of the examination.

8. Admissions shall be made returnable within such time as the Court may direct.