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CS Professional · Drafting, Pleadings and Appearances · Judicial and Administrative Framework

A court established in a foreign country, not being a court continued by the Central Government's authority, issues a commission to examine a witness in Kolkata. Which statement correctly reflects Section 78 of the Code of Civil Procedure, 1908?

Section 78 extends the provisions on executing and returning commissions for examining witnesses to commissions issued by courts of any State or country outside India, subject to prescribed conditions and limitations. No gazette notification is required, unlike Section 29(c) for summonses.

  1. AThe provisions on execution and return of commissions for examination of witnesses apply, subject to prescribed conditions and limitations, to commissions issued by courts of any country outside IndiaCorrect
  2. BThey apply only if the Central Government has notified the foreign country under a gazette notification
  3. CThey apply only to courts in parts of India where the Code does not extend
  4. DThey apply without any conditions or limitations being prescribed

Explanation

Section 78(c) covers courts of any State or country outside India, subject to such conditions and limitations as may be prescribed. A notification requirement belongs to Section 29(c) on summonses, not Section 78. Limb (a) is only one of three categories, and the section is expressly subject to prescribed conditions.

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