ORDER XXVI COMMISSION TO EXAMINE WITNESSES - RULE
1, 2, 3, 4, 5, 6, 7, 8 OF CODE OF CIVIL PROCEDURE 1908
What are the Cases in which Court may issue commission
to examine witness? What is Order for commission? Where
witness resides within Court's jurisdiction? Persons for
whose examination commission may issue? Process when
Commission or request to examine witness not within India?
Is Court to examine witness pursuant to Commission? What is
Return of commission with depositions of witnesses? When
depositions may be read in evidence? Rule
1, 2, 3, 4, 5,6, 7 and 8 of Order XXVI of Code of Civil Procedure 1908
Cases in which Court may issue commission to examine
witness, Order for commission, Where witness resides
within Court's jurisdiction, Persons for whose
examination commission may issue, Commission or request
to examine witness not within India, Court to examine
witness pursuant to Commission, Return of commission
with depositions of witnesses and When depositions may
be read in evidence are defined under Rule
1, 2, 3, 4, 5, 6, 7 and 8 of Order XXVI of
Code of Civil Procedure 1908. Provisions under these Rules are:
Rule 1 Order XXVI of Code of Civil Procedure 1908 "Cases
in which Court may issue commission to examine witness"
Any Court may in any suit issue a commission for the
examination on interrogatories or otherwise of any person
resident within the local limits of its jurisdiction who is
exempted under this Code from attending the Court or who is
from sickness or infirmity unable to attend it:
Provided that a commission for examination on
interrogatories shall not be issued unless the Court, for
reasons to be recorded, thinks it necessary so to do.
Explanation.-The Court may, for the purpose of this rule,
accept a certificate purporting to be signed by a registered
medical practitioner as evidence of the sickness or
infirmity of any person, without calling the medical,
practitioner as a witness.
Rule 2 Order XXVI of Code of Civil Procedure 1908 "Order
for commission"
An order for the issue of a commission for the
examination of a witness may be made by the Court either of
its own motion or on the application, supported by affidavit
or otherwise, of any party to the suit or of the witness to
be examined.
Rule 3 Order XXVI of Code of Civil Procedure 1908 "Where
witness resides within Court's jurisdiction"
A commission for the examination of a person who resides
within the local limits of the jurisdiction of the Court
issuing the same may be issued to any person whom the Court
thinks fit to execute it.
Rule 4 Order XXVI of Code of Civil Procedure 1908 "Persons
for whose examination commission may issue"
(1) Any Court may in any suit issue a commission 5[for
the examination on interrogatories or otherwise of-
(a) any person resident beyond the local limits of its
jurisdiction;
(b) any person who is about to leave such limits before the
date on which he is required to be examined in Court; and
(c) any person in the service of the Government who cannot
in the opinion of the Court, attend without detriment to the
public service ;
Provided that where, under rule 19 of Order XVI, a person
cannot be ordered to attend a Court in person, a commission
shall be issued for his examination if his evidence is
considered necessary in the interests of justice:
Provided further that a commission for examination of such
person on interrogatories shall not be issued unless the
Court, for reasons to be recorded, thinks it necessary so to
do.
(2) Such commission may be issued to any Court, not being a
High Court, within the local limits of whose jurisdiction
such person resides, or to any pleader or other person whom
the Court issuing the commission may appoint.
(3) The Court on issuing any commission under this rule
shall direct whether the commission shall be returned to
itself or to any subordinate Court.
Rule 5 Order XXVI of Code of Civil Procedure 1908 "Commission
or request to examine witness not within India"
Where any Court to which application is made for the
issue of a commission for the examination of a person
residing at any place not within India is satisfied that the
evidence of such person is necessary, the Court may issue
such commission or a letter of request.
Rule 6 Order XXVI of Code of Civil Procedure 1908 "Court
to examine witness pursuant to Commission"
Every Court receiving a commission for the examination of
any person shall examine him or cause him to be examined
pursuant thereto.
Rule 7 Order XXVI of Code of Civil Procedure 1908 "Return
of commission with depositions of witnesses"
Where a commission has been duly executed, it shall be
returned, together with the evidence taken under it, to the
Court from which it was issued, unless the order for issuing
the commission has otherwise directed, in which case the
commission shall be returned in terms of such order; and the
commission and the returned thereto and the evidence taken
under it shall 8[(subject to the provisions of rule 8)] from
part of the record of the suit.
Rule 8 Order XXVI of Code of Civil Procedure 1908 "When
depositions may be read in evidence"
Evidence taken under a commission shall not be read as
evidence in the suit without the consent of the party
against whom the same is offered, unless-
(a) the person who gave the evidence is beyond the
jurisdiction of the Court, or dead or unable from sickness
or infirmity to attend to be personally examined, or
exempted from personal appearance in Court, or is a 9[person
in the service of the Government] who cannot, in the opinion
of the Court, attend without detriment to the public
service, or
(b) the Court in its discretion dispenses with the proof of
any of the circumstances mentioned in clause (a) and
authorizes the evidence of any person being read as evidence
in the suit, notwithstanding proof that the cause for taking
such evidence by commission has ceased at the time of
reading the same.
ORDER XXII DEATH, MARRIAGE AND INSOLVENCY OF PARTIES
What is the meaning of No abatement by party's death if
right to sue survives? What is the Procedure where one of
several plaintiffs or defendants dies and right to sue
survives? What is the Procedure in case of death of one of
several plaintiff or of sole plaintiff? What is the
Procedure in case of death of one of several defendants or
of sole defendant? What is Determination of question as to
legal representative? What is the meaning of No abatement by
reason of death after hearing? Rule
1, 2, 3, 4, 5 and 6 of Order XXII of Code of Civil Procedure 1908
What is the meaning of Suit not abated by marriage
of female party? When plaintiffs insolvency bars
suit? What is the Effect of abatement or dismissal?
What is the Procedure in case of assignment before
final order in suit? What is the Duty of pleader to
communicate to Court death of a party? What is
Application of Order to appeals? What is Application
of Order to proceedings? Rule
7, 8, 9, 10, 10A, 11 and 12 of Order XXII of Code of Civil Procedure 1908
ORDER XXIII WITHDRAWAL AND ADJUSTMENT OF SUITS
What is Withdrawal of suit or abandonment of part of
claim? Rule
1 of Order XXIII of Code of Civil Procedure 1908
ORDER XXIV PAYMENT INTO COURT
What is the meaning of Deposit by defendant of
amount in satisfaction of claim? What is Notice of
deposit? Is Interest on deposit not allowed to
plaintiff after notice? What is the Procedure where
plaintiff accepts deposit as satisfaction in part? Rule
1, 2, 3 and 4 of Order XXIV of Code of Civil Procedure 1908
ORDER XXV SECURITY FOR COSTS
When security for costs may be required front
plaintiff? What is the Effect of failure to furnish
security? Rule
1 and 2 of Order XXV of Code of Civil Procedure 1908
ORDER XXVI COMMISSIONS
What are the Cases in which Court may issue commission to
examine witness? What is Order for commission? Where witness
resides within Court's jurisdiction? Persons for whose
examination commission may issue? Process when Commission or
request to examine witness not within India? Is Court to
examine witness pursuant to Commission? What is Return of
commission with depositions of witnesses? When depositions
may be read in evidence? Rule
1, 2, 3, 4, 5, 6, 7 and 8 of Order XXVI of Code of Civil Procedure 1908
What are Commissions to make local investigations? What is
Procedure of Commissioner? What is Commission for scientific
investigations? Who will be in Commission for performance of
a ministerial act? How to constitute Commission for the sale
of movable property? Rule
9, 10, 10A, 10B and 10C of Order XXVI of Code of Civil Procedure 1908
What is Commission to examine or adjust accounts? What is
the meaning Court to give Commissioner necessary
instructions? What is Commission to make partition of
immovable property? What is Procedure of Commissioner? Rule
11, 12, 13 and 14 of Order XXVI of Code of Civil Procedure 1908
Is Expenses of commission to be paid into Court? What are
the Powers of Commissioners? What are the Questions objected
to before the Commissioner? Attendance and examination of
witnesses before Commissioner, Are Parties to appear before
Commissioner? Application of Order to execution proceedings,
Is Court to fix a time for return of commission? Rule
15, 16, 16A, 17, 18, 18A and 18B of Order XXVI of Code of Civil Procedure 1908
What are the cases in which High Court may issue commission
to examine witness? What is Application for issue of
commission? To whom commission may be issued? How to Issue,
execution and return of commissions, and transmission of
evidence to foreign Court? Rule
19, 20, 21 and 22 of Order XXVI of Code of Civil Procedure 1908
ORDER XXVII SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC
OFFICERS IN THEIR OFFICIAL CAPACITY
What are the
Suits by or against Government? Who are Persons authorised
to act for Government? What is Plaints in suits by or
against Government? What is the meaning of Agent for
Government to receive process? What is Fixing of day for
appearance on behalf of Government? Is Government to be
joined as a party in a suit against a public officer? What
is the Duty of Court in suits against the Government or a
public officer to assist in arriving at a settlement?
Attendance of person able to answer questions relating to
suit against Government, Extension of time to enable public
officer to make reference to Government, What is the
Procedure in suits against public officer? Is No security to
be required from Government or a public officer in certain
cases? What is Definitions of "Government" and "Government
pleader"? Rule
1, 2, 3, 4, 5, 6, 7, 8A and 8B of Order XXVII of Code of Civil Procedure 1908
ORDER XXVII A SUITS INVOLVING A SUBSTANTIAL QUESTION OF LAW
AS TO THE INTERPRETATION OF THE CONSTITUTION OR AS TO THE
VALIDITY OF ANY STATUTORY INSTRUMENT
Notice to the Attorney General or the Advocate - General,
What is the Procedure in suits involving validity of any
statutory instrument? Court may add Government as party?
What is the Power of Court to add Government or other
authority as a defendant in a suit relating to the validity
of any statutory instrument? Costs, What is Application of
Order to appeals? Rule
1, 1A, 2, 2A, 3 and 4 of Order XXVII A of Code of Civil Procedure 1908
ORDER XXVIII SUITS BY OR AGAINST MILITARY OR NAVAL MEN OR
AIRMEN
Can Officers, soldiers, sailors or airmen who cannot obtain
leave may authorize any person to sue or defend for them?
Person so authorized may act personally or appoint pleader,
Service on person so authorized, or on his pleader, to be
good service? Rule
1, 2 and 3 of Order XXVIII of Code of Civil Procedure 1908
ORDER XXIX SUITS BY OR AGAINST CORPORATIONS
What is Subscription and verification of pleading? How
Service on corporation? What is Power to require personal
attendance of officer of corporation? Rule
1, 2 and 3 of Order XXIX of Code of Civil Procedure 1908
ORDER XXX SUITS BY OR AGAINST FIRMS AND PERSONS CARRYING ON
BUSINESS IN NAMES OTHER THAN THEIR OWN
How is Suing of partners in name of firm? Disclosure of
partners' names, Service, What are the Rights of suit on
death of partner? Notice in what capacity served? Appearance
of partners, No appearance except by partners, What is
Appearance under protest? Suits between co-partners, Suit
against person carrying on business in name other than his
own ? Rule
1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Order XXX of Code of Civil Procedure 1908
