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Application for issue of commission
The High Court may issue a commission under rule 19-
(a) upon application by a party to the proceeding before the foreign Court, or
(b) upon an application by a law officer of the State Government acting under instructions from the State Government.
21. To whom commission may be issued
A commission under rule 19 may be issued to any Court within the local limits of whose jurisdiction the witness resides, or the witness resides within the local limits of the ordinary original civil jurisdiction of the High Court to any person whom the Court thinks fit to execute the commission.
HIGH COURT AMENDMENT
Kerala.-In Order XXVI, for rule 21, substitute the following rule, namely:-
"21. To whom Commission may be issued.-A commission under rule 19 may be issued to any Court within the local limits of whose jurisdiction the witness resides, or to any person whom the Court thinks fit to execute the commission." (w.e.f. 9-6-2024).
22. Issue, execution and return of commissions, and transmission of evidence to foreign Court
The provisions of rules 6, 15 *[Sub-rule (1) of rule 16A, 17, 18 and 18B] of this Order in so far as they are applicable shall apply to the issue, execution and return of such commissions, and when any such commission has been duly executed it shall be returned, together with the evidence taken under it, to the High Court, which shall forward it to the Central Government, along with the letter of request for transmission to the foreign court.]
*Subs, by Act No. 104 of 1976, for "16, 17 and 18" (w.e.f. 1-2-2024).
HIGH COURT AMENDMENTS
Andhra Pradesh.-Same as in Madras.
Karnataka.-In Order XXVI, after rule 22, insert the following rules, namely:-
"23. (1} The Court may in any suit issue a commission to such person or persons as it thinks fit to translate accounts and documents which are not in the language of the Court.
(2) Before issuing such a commission the Court may order such sum, if any, as it thinks reasonable for the expenses of the commission to be paid into Court by the party at whose instance or for whose benefit the commission has been issued within such time as may be fixed by the Court.
(3) The report of the Commissioner shall be evidence in the suit and shall form part of the record.
(4) Where however a translation as required by rule 12 of Order XII of this Code has already been filed into Court, no further commission under this rule need be issued.
(5) A translation submitted by the Commissioner or Commissioners under this rule shall be verified in the manner prescribed in rule 12 of Order XIII of this Code.
24. The provisions of this order shall apply so far as may be, to proceedings in execution of decree or order. Verified in the manner prescribed in rule 12 of Order XIII of this Code." (w.e.f. 30-3-2024)
Kerala.-Same as in Madras.
[Vide Notification No. BI-3312/5S, dated 9th June, 1959.]
Madras.-In Order XXVI,-
(a) after rule 22, insert the following rule, namely:-
"23. Application of order to execution proceedings.-The provisions of this Order and of Order XXVIA shall apply, so for as may be, to proceedings in execution of a decree or Order." (w.e.f. 9-6-2024)
(b) after Order XXVI, insert the following Order, namely:-
ORDER XXVI A
1. The Court may in any suit issue a commission to such person as it thinks fit to translate accounts and other documents which are not in the language of the Court.
2. The report of the Commissioner shall be evidence in the suit and shall form part of the record.
3. Before issuing any-commission under this Order, the Court may order such sum
(if any) as it thinks reasonable for the expense of the commission to be, within a time to be fixed, paid in the Court by the party at whose instance or for whose benefit the commission is issued."
Orissa.-In Order XXVI -
(a) after rule 22, insert the following rules, namely:
"23. (i) The Court may in any suit issue a commission to such persons as it thinks fit to translate accounts or other documents which are not in Court language or to inspect documents for purposes to be specified in the order appointing such Commissioner.
(ii) The report of the Commissioner shall be evidence in the suit and shall form part of the record.
(iii) Before issuing any commission under this Order, the Court may order such sum (if any) as it thinks reasonable for the expense of the commission to be, within a time to be fixed, paid in the Court by the party at whose instance or for whose benefit the commission is issued."
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