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State of Madhya Pradesh - Section

Section 253 in M.P. Civil Court Rules, 1961

253.

When an application is made for the issue of a commission to examine witness the Court should satisfy itself-
(a)that the application has been made bona fide, e.g., that it is not an endeavour to keep a particular witness out of the witness box;
(b)that it has been made in reasonable time so as to avoid unnecessary delay;
(c)that the issue upon which the evidence is required is one which the Court ought to try;
(d)that the witnesses to be examined can give evidence material to the issue; and
(e)that there is good reason why they cannot be examined in Court in the usual way;
and then exercise its discretion according to the particular circumstances of each case.