LawDadi legal information
Home / Code of Civil Procedure / Order XXVI Rule 22

Code of Civil Procedure, 1908 | Order 26 | Commissions

Order XXVI Rule 22 CPC - Execution and Return of Commissions to Foreign Courts

Order XXVI Rule 22 of the Code of Civil Procedure, 1908 (CPC) governs how commissions for taking witness evidence at the request of foreign civil courts are issued, executed and returned, and how the evidence is transmitted through the prescribed authorities.

At a glance: After execution, the commission and evidence are returned to the High Court. The High Court forwards them to the Central Government with the letter of request for transmission to the foreign court, subject to the applicable procedural provisions.

Order XXVI Rule 22 CPC - Legal provision

The rule is titled Issue, execution and return of commissions, and transmission of evidence to foreign Court. It provides that Rules 6 and 15, Rule 16A(1), and Rules 17, 18 and 18B of Order XXVI apply, so far as relevant, to these commissions. Once a commission is duly executed, it must be returned with the evidence taken to the High Court. The High Court forwards the material to the Central Government, together with the letter of request, for onward transmission to the foreign court.

This explanation preserves the substance of the provision while correcting transcription errors in the earlier page. For the authoritative statutory wording, consult the Code of Civil Procedure, 1908 on India Code (official PDF).

Meaning and scope of Rule 22

A commission is an authority issued by a court for a designated person or court to perform a judicially authorised task, such as examining a witness. In the context of Rules 19 to 22, the task is obtaining testimony in India for use in a civil proceeding before a foreign court.

Rule 22 addresses the practical stages after a foreign court's request is considered: procedural safeguards in conducting the examination, the return of the completed commission, and the official channel for sending the evidence abroad. It does not by itself mean that every foreign request must be granted.

  • Order XXVI Rule 6: return of the commission and depositions to the issuing court.
  • Order XXVI Rule 15: payment into court of expenses of a commission when directed.
  • Order XXVI Rule 16A(1): treatment of questions objected to before the commissioner, subject to its terms.
  • Order XXVI Rule 17: attendance and examination of witnesses before the commissioner.
  • Order XXVI Rule 18: appearance of parties before the commissioner.
  • Order XXVI Rule 18B: fixing the time for return of a commission and extension for recorded sufficient cause.
  • Order XXVI Rules 19 to 21: conditions for a High Court to issue a commission at the instance of a foreign tribunal, applications for issue, and the court or person to whom the commission may be issued.

How the commission is executed and returned

  1. Foreign request: the High Court considers whether the requirements under Rule 19 are met and the application is properly brought under Rule 20.
  2. Appointment: a commission is issued to an appropriate court or person under Rule 21.
  3. Evidence: the commissioner examines the witness following the applicable provisions of Order XXVI and directions of the court.
  4. Return: the completed commission and recorded evidence are returned to the High Court.
  5. Transmission: the High Court forwards the evidence and accompanying letter of request to the Central Government for transmission to the foreign court.

Applicable High Court rules, procedural directions and any relevant local amendments should also be checked in a particular matter.

Official legal reference

Read the Code of Civil Procedure, 1908 - India Code, official legislation. The provisions discussed appear in the First Schedule, Order XXVI, particularly Rules 19 to 22.

This article provides general information about Indian civil procedure and is not a substitute for advice on the facts of an individual case.