Judgment : 1. This is an Application to issue Commission for examination of witness Mr. Dilip Mehta residing at old No.21, New No.2, McNichols Road, Chetput, Chennai-31 as per the Letter of Request issued by the Senior Master of the Queen’s Bench, Royal Courts of Justice, Strand, London WC2A 2LL, England in Claim Nos.HC 01 CO 2562 and HC O2 CO 1366 pending on the file of High Court of Justice of England and Wales, Chancery Division. 2. Heard the learned senior counsel for the applicant. 3. It is in pursuance of a letter dated 10th July 2006 to the Honourable Chief Justice, High Court of Judicature of Madras, India by the Master Turner, Senior Master of Queen’s Bench Division of the Supreme Court of England and Wales, the assistance of this Court was requested with regard to, among other matters, the following one also: “It is necessary for the purposes of justice and for the due determination of the matters in dispute between the parties that you cause the following witness., who is resident within your jurisdiction, to be examined. The name and address of the witness are as follows: “Dilip Mehta of Old No.21, New No.2, Mc. Nichols Road, Chetput, Egmore Village, Chennai-600031, India” There was also a mention made about the matters regarding which the witness shall be examined. 4. Mr. P.S. Raman, learned Senior Counsel appearing for the applicant drew my attention to Section 78 of Civil Procedure Code, which is as follows:- “78. Commissions issued by foreign Courts.— Subject to such conditions and limitations as may be prescribed, the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by or at the instance of— (a) Courts situate in any part of India to which the provisions of this Code do not extend; or (b) Courts established or continued by the authority of the Central Government outside India; or (c) Courts of any State or country outside India”. 5. Thus, at the instance of Courts of any State or country outside India the provision as to the execution and return of the commissions for the examination of witnesses shall apply. 6. Order 26, Rule 19 of C.P.C. deals with cases in which High Court may issue commission to examine witness. 5. Thus, at the instance of Courts of any State or country outside India the provision as to the execution and return of the commissions for the examination of witnesses shall apply. 6. Order 26, Rule 19 of C.P.C. deals with cases in which High Court may issue commission to examine witness. It provides that if a High Court is satisfied that a Foreign Court situated in a foreign country wishes to obtain the evidence of the witness in any proceedings before it, it may subject to the provisions of Rule 20, issue a commission for the examination of such witness. As per Rule 20, the High Court may issue a commission under Rule 19 upon Application by a party to the proceeding before the Foreign Court or upon an Application by a Law Officer of the State Government acting under the instruction from that Government. Now, the applicant is said to be the party to the proceeding before Foreign Court. He is a second defendant in Claim No. HC 01 CO 2562 filed by one Anila Shastri, Pembroke Road, Wembley, Middlesex, England. The applicant was also stated to be the first defendant in Claim No. HC 02 CO 1366 filed by one Chitralekha Mehta, who is a resident of Chennai. Both the above actions are said to be pending in the High Court of Justice in England and Wales, Chancery Division. 7. Learned Senior Counsel for the applicant cited a case law m M/s. Wooster Products Inc. v. M/s. Magna Tek Inc., AIR 1989 Del. 6 . wherein it was observed that the intervener would have no right to object to the issue of Commission for execution in pursuance of Letter of Request. Thus, it becomes clear that when a foreign Court makes a request, even any intervener may not have any right of objection for this Court’s appointment of a Commission for examination of the said witness in this place. So, the issuance of Letter of Request is to be accepted and executed owing to reciprocity between two foreign countries. 8. Hence, this Application is allowed and Justice K. Govindarajan (Retd.) No.5, Justice Ramanujam Street, Chennai-41, is appointed as Commissioner to examine the above said witness, namely, Mr. So, the issuance of Letter of Request is to be accepted and executed owing to reciprocity between two foreign countries. 8. Hence, this Application is allowed and Justice K. Govindarajan (Retd.) No.5, Justice Ramanujam Street, Chennai-41, is appointed as Commissioner to examine the above said witness, namely, Mr. Dilip Mehta residing at old No.21, New No.2, McNichols Road, Chetput, Chennai-31, and also to execute the request made in the letter dated 10.07.2006 of the Senior Master of the Queen’s Bench Division, Royal Courts of Justice, Strand, London WC2A 2LL, England. His remuneration of Rs. 50,000/- is to be paid by the a pplicant directly. For report by six weeks.