(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, crossexamine
or re-examine the said witness in accordance with the
prevailing law on evidence.