Section 77 of The Code of Civil Procedure, 1908
Letter of request.
In lieu of issuing a commission the Court may issue a letter of request to examine a witness residing at any place not within 1 [India]
Summary
- This section provides a way to get testimony from a witness who lives outside of India.
- Instead of using a standard "commission," the court can send a "letter of request."
- This is used specifically when the witness is at any place that is not within India.
- It acts as a formal communication to foreign authorities to assist in a legal case.
Practical examples
FAQ
1. When is a letter of request used instead of a commission under Section 77 of the Code of Civil Procedure?
Under Section 77 of the Code of Civil Procedure, 1908, a letter of request is used to examine a witness who is residing at any place that is not within India.
2. Can a letter of request be used to seize property abroad under Section 77 of the Code of Civil Procedure?
No, Section 77 of the Code of Civil Procedure, 1908, is specifically for the purpose of examining a witness.
Test yourself
1.According to Section 77 of the Code of Civil Procedure, 1908, what document is issued to examine a witness residing outside of India?
2.Under Section 77 of the Code of Civil Procedure, 1908, for what purpose is a letter of request issued?
3.Which section of the Code of Civil Procedure, 1908, would a court use if a witness resides in a foreign country?
4.Based on the combined reading of Sections 76 and 77 of the Code of Civil Procedure, 1908, which statement is true?