Section 107: Power to examine witness on commission

1) Notwithstanding anything contained elsewhere in this Chapter, if a witness is in a place outside the jurisdiction of the court in which the case is filed or the attendance of such witness cannot be procured for any reason and, in view of the gravity of the case, it so appears necessary to examine such witness on commission, the court shall give information thereof to the parties to the case.

2) If any party to the case so desires, the party may make a petition, accompanied by the reasons, to the court that any interrogatories which the party wishes to be asked to the witness be included in the commission referred to in sub-section (1).

3) If any petition is made pursuant to sub-section (2) and the court deems reasonable to have such interrogatories included in a commission, it may order that such interrogatories be also included in the commission; and the interrogatories of the commission shall be framed accordingly.

4) The form of a commission shall be as set forth in Schedule-39.

5) If, in examining a witness on commission pursuant to sub-section (1), any party to the case so desires, the party may appear in the court to which the commission is directed and examine, cross examine or re-examine the said witness in accordance with the prevailing law on evidence.