(1)The proper method of obtaining the evidence of a witness residing at any place not within India is by the issue of a letter of request addressed to the proper Court in die Foreign Country (Section 77 and Order XXVI, rule 5 and Form 8 in Appendix H of the Civil Procedure Code).(2)When the evidence of a witness residing at any place not within India is required by a subordinate Court, the letter of request alongwith necessary documents should be routed through the Registrar, High Court of the Madhya Pradesh, Jabalpur, the State Government and the Ministry of External Affairs, Government of India with a separate request for the transmission of the letter of request through the appropriate authorities.(3)Subordinate Courts having any doubt about the legality or appropriateness of issuing a commission or letter of request to any country should first address the Registrar, High Court of Madhya Pradesh, Jabalpur.(4)Where special arrangements exist with any country, the procedure prescribed in the arrangements should be followed.(5)The procedure to be followed in the case of particular countries or territories is given in Appendix I.
