Rule 88. Procedure for examination of witnesses, issue of Commissions

Chapter XII · Examination of witnesses and issue of Commissions

88.1 The rule

The provisions of the Orders XVI and XXVI of the Code of Civil Procedure, 1908 (5 of 1908), shall mutatis mutandis apply in the matter of summoning and enforcing attendance of any person and examining him on oath and issuing commission for the examination of witnesses or for production of documents.

88.2 What it does

Rule 88 writes no procedure of its own. It borrows two whole Orders of the Code — Order XVI (summoning and attendance of witnesses) and Order XXVI (commissions) — and applies them, with the necessary adaptations, to three subjects only: getting a person to attend, examining him on oath, and issuing a commission to examine witnesses or to get documents produced.