Cases in which Court may issue commission to examine witness
Commissions, in the First Schedule to The Code of Civil Procedure, 1908
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 :
1[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 informity of any person, without calling the medical practitioner as a witness.]
1. Ins. by Act 104 of 1976, s. 75 (w.e.f. 1-2-1977).
How this Rule is cited
It is written both ways, and both mean this Rule: Order XXVI Rule 1 CPC and Order 26 Rule 1 CPC. Pleadings usually take the arabic form, judgments usually the numeral.
Orders of the courts under it: Order 26 Rule 1 CPC, Order XXVI Rule 1 CPC. Each opens the full-text search over every order eCourtsIndia holds.
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. This page is not a substitute for legal advice.