Order XXVI CPC Rules 19 to 22: Commissions Issued at the Instance of Foreign Tribunals
Order XXVI of the Code of Civil Procedure, 1908 contains special provisions for obtaining evidence in India for foreign civil proceedings. Rules 19 to 22 govern when a High Court may issue a commission, who may apply, to whom the commission may be issued, and how the commission and evidence are returned and transmitted.
Rule 19 Order XXVI - Cases in which High Court may issue commission to examine witness
(1) If a High Court is satisfied:
(a) that a foreign court situated in a foreign country wishes to obtain the evidence of a witness in any proceeding before it;
(b) that the proceeding is of a civil nature; and
(c) that the witness is residing within the limits of the High Court's appellate jurisdiction,
it may, subject to the provisions of rule 20, issue a commission for the examination of such witness.
(2) Evidence may be given of the matters specified in clauses (a), (b) and (c) of sub-rule (1):
(a) by a certificate signed by the consular officer of the foreign country of the highest rank in India and transmitted to the High Court through the Central Government; or
(b) by a letter of request issued by the foreign Court and transmitted to the High Court through the Central Government; or
(c) by a letter of request issued by the foreign Court and produced before the High Court by a party to the proceeding.
Rule 20 Order XXVI - 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.
Rule 21 Order XXVI - 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, where 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.
Rule 22 Order XXVI - 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.
Key points under Order XXVI Rules 19 to 22
These rules provide a judicial mechanism for assisting foreign civil courts in obtaining witness evidence in India. The High Court must be satisfied that the foreign proceeding is civil in nature and that the witness falls within its appellate jurisdiction before a commission can be issued.
Rule 20 identifies the persons through whom the request may be pursued, Rule 21 specifies who may execute the commission, and Rule 22 applies the relevant general commission provisions and requires the executed commission and evidence to be returned through the High Court for onward transmission.
This page reproduces and explains the central statutory provisions for general legal information. Current High Court practice, governmental procedure and any applicable amendments should be checked before relying on the provision in a particular proceeding.