Section 152 in Civil Court Rules of the High Court of Judicature at Patna
152.
When a Court in India issues a commission, or a letter of request under Section 77, Code of Civil Procedure, for the examination of witnesses in England, the High Court in England will itself appoint an examiner to take the evidence, if application be made to it for the purpose. But the High Court in England cannot act in any way unless put in motion by a proper application; therefore, in every case in which it is desired to obtain the appointment of an examiner by the High Court in England the parties interested must instruct a solicitor to apply to the High Court in England to make the necessary orders. The Court in India shall for this purpose make over the commission or letter of request in Form No. 8 of Appendix H to the First Schedule of the Code of Civil Procedure, which should be addressed to The. Supreme Court of Judicature' to the interested party, whose duty it is to take all further necessary steps under section 1 of the Evidence by Commission Act, 1859 (22 Victoria, cap. 20) and the rules framed under Section 6 of that Statue [(vide) Order 37, rules 54 to 58, of the Rules of the Supreme Court, 1883-Annual Practice, 1935, pages 681-684],
