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1903 DIGILAW 216 (CAL)

Kadambini Dassi v. Kumudini Dassi

1903-07-15

body1903
JUDGMENT Stephen and Henderson, JJ. - An objection has been taken to the reading of the evidence on commission of Sadhu Charan Mukerjee. It appears that the commission was issued by this Court to take the evidence of the witness in Chandernagore, which is outside the jurisdiction of this Court and in French territory. The commission was plainly rightly issued u/s 387 of the CPC and being issued it became necessary to execute it according to the provisions of Section 399 of that Code. The provisions of the Code of Civil Procedure, so far as they apply, appear to have been complied with. The affirmation (required by the commission to be made) has been administered and the evidence has been duly recorded. Under the circumstances the commission seems to have been correctly executed within the provisions of the CPC and we cannot see that Section 13 of the Oaths Act, which has been mentioned before us, has any application. Under these circumstances we hold that the evidence taken on commission may be read.