Amendment status not verified — confirm the current text below against the official source.
(1) Every Revenue Officer receiving a Commission for the examination of any person shall examine him or cause him to be examined pursuant thereto. (2) Where Commission has been duly executed, it shall be returned, together with the evidence taken under it, to the Court by which it was issued, unless the order issuing the Commission directs otherwise, in which case, it shall be returned in terms of such order; and the commission and the return thereto and the evidence taken under it shall; (subject to the provisions of the next following para) form part of the record of the proceedings. 54 Evidence taken under a commission shall not be read as evidence in the proceedings without the consent of the party against whom the same is offered, unless- Admissibility of evidence on commission (i) the person who gave the evidence is beyond the jurisdiction of the court, or dead or unable from sickness or infirmity to attend- or to be personally examined, or exempted from personal appearance in Court, or person in the service of the Central or the State Government who cannot in the opinion of the Court attend without determent to the public service; or (ii) the Court in its discretion dispenses with the proof of any of the circumstances mentioned in clause (1) and authorizes the evidence of any person being read as evidence in the proceedings, not with standing the fact that the cause for taking such evidence by commission has ceased at the time of reading the same. Expenses of Commission