One should never sign a document without reading it. It binds you to the contents thereof.
Order 26 Rule 8 of the Civil Procedure Code lays down when evidence taken under a commission shall not be read in evidence. Get it examined through your lawyer in the facts of your case if can help you in this regard:
“8. When depositions may be read in evidence.— Evidence taken under a commission shall not be read as evidence in the suit without the consent of the party against whom the same is offered, unless—
(a) the person who gave the evidence is beyond the jurisdiction of the Court, or dead or unable from sickness or infirmity to attend to be personally examined, or exempted from personal appearance in Court, or is a 1[person in the service of the Government] who cannot, in the opinion of the Court attend without detriment to the public service, or
(b) the 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 suit, notwithstanding proof that the cause for taking such evidence by commission has ceased at the time of reading the same.”
Also, examine the provisions of Order 18 Rule 17 of the CPC which relates to recall and examination of any witness at any stage of the suit, and see whether it can help you, and if does, then file an application for that purpose giving reasons:
“17. Court may recall and examine witness.— The Court may at any stage of a suit recall any witness who has been examined and may (subject to the law of evidence for the time being in force) put such questions to him as the Court thinks fit.”
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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