Section 46 in Madhya Pradesh Bhu-Rajasva Sanhita (Rajasva Nyayalayon Ki Prakriya) Niyam, 2019
46. When depositions may be read in evidence.
- Evidence taken under a commission shall not be read as evidence in the proceedings without consent of the party against whom the same is offered, unless -(a)the person who gave the evidence is beyond the jurisdiction of the Revenue Court, or dead or unable from sickness or infirmity to attend to be personally examined, or exempted from personal appearance in Revenue Court, or is a person in the service of the Central or the State Government who cannot, in the opinion of the Revenue Court, attend without detriment to the public service; or(b)the Revenue Court in its discretion dispenses with the proof of any of the circumstances mentioned in clause (a) and authorises the evidence of any person being read as evidence in the proceedings, notwithstanding proof that the cause for taking such evidence by commission has ceased at the time of reading the same.
