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Commission to Examine Witnesses (Order XXVI Rule 1 CPC)

Civil Procedure & Litigation Mechanics

Definition

An order issued by a civil court directing that a witness who is ill, infirm, residing outside the local limits of the court's jurisdiction, or an active public official be examined upon interrogatories or by a commissioner at their place of residence.

Example

In an inheritance dispute in Kochi, an 92-year-old bedridden attesting witness cannot travel to the court complex; the judge appoints a junior advocate as a commissioner under Order XXVI Rule 1 CPC to visit the witness's home and record the cross-examination.