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Mahomed Ali Vs. Wazid Ali - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1896)ILR23Cal404
AppellantMahomed Ali
RespondentWazid Ali
Excerpt:
practice - commission to examine witnesses--non-attendance of witnesses--mode of enforcing attendance--code of civil procedure (act xiv of 1882), sections 399 and 400 and schedule iv, no. 156. - .....to be examined under the commis-(sic)disregarded a notice to appear before him. section 399 of the code of civil procedure is as follows: (after reading the section his lordship continud(sic). the commissioner being thus vested with the powers of a civil court may summon witnesses and enforce their attendance under the provisions of the code, but as a private commissioner, without the machinery of a court he may find practical difficulty in enforcing the order. if unable for this reason to execute the commission he should return it to this court. this court may then send the commission to a civil court, within the local limits or whose jurisdiction the witnesses to be examined reside, which may be done under section 386 of the code. the same course may be taken under the provisions of 22.....
Judgment:

Sale, J.

1. In this case a commission was issued by the Court to examine stores residing in the District of Bakharganj. The Commissioner appointment evidence is a vakil practising in that district, and he has (sic)informing this Court that the persons to be examined under the commis-(sic)disregarded a notice to appear before him. Section 399 of the Code of Civil Procedure is as follows: (After reading the section His Lordship continud(sic). The Commissioner being thus vested with the powers of a Civil Court may summon witnesses and enforce their attendance under the provisions of the Code, but as a private Commissioner, without the machinery of a Court he may find practical difficulty in enforcing the order. If unable for this reason to execute the commission he should return it to this Court. This Court may then send the commission to a Civil Court, within the local limits or whose jurisdiction the witnesses to be examined reside, which may be done under Section 386 of the Code. The same course may be taken under the provisions of 22 Vic, c. 20, and 48 and 49 Vic, c 74, but having regard to the present provisions of the Code, it is unnecessary to proceed under those statutes.

2. I propose to direct the Registrar to communicate with the Commissioner to the effect above indicated.


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