Order XXVI Rule 19: Cases in which High Court may issue commission to examine witness

(1) If a High Court is a 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 [Pakistan] and transmitted to the High Court through the [Federal Government], or (b) by a letter of request issued by the foreign Court and transmitted to the High Court through the [Federal 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.

Effective date: 1909-01-01

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