Repealed or not in force · As amended up to 2026-08
II. And it is hereby enacted, that it shall be lawful for any Court within the Territories under the Government of the East India Company, and the several Judges thereof, in every Civil proceeding depending in such Court, upon the application of any of the parties to such proceeding, to order the examination, upon interrogatories or otherwise, before any Officer of and such Court, or other person or persons named in such order, of any witness within the jurisdiction of the Court where the proceeding shall be depending, or to order a Commission to issue to any subordinate Court for the examination of such witness upon interrogatories or otherwise, or to order a Commission to issue to any other Court for the examination of witness at any place or places out of such jurisdiction upon interrogatories or otherwise, and by the same or any subsequent order or orders to give all such directions of taking such examination as well within the jurisdiction of the Court wherein the proceeding shall be depending as without as may appear reasonable and just ; provided always, that any Court to whom any such Commission shall be directed shall take the examination in open Court to in all cases where witness are able to attend in Court and are not exempted from attendance by law absolutely or at the discretion of the Court. Provided also, that such Commissions a aforesaid for the examination of witness out of such jurisdiction may be directed otherwise that for some Court under special circumstances which may appear to the Court issuing the Commission to render such special direction expedient, Provided also, that all Commissions issued and Order made by any Court of the East India Company, and which are required to be executed within the local limits of any of Her Majesty's Supreme Courts shall be directed in manner hereinafter mentioned.
Source: India Code