Section 77 of CPC : Section 77: Letter Of Request

Explanation using Example

Imagine an Indian company, 'A', is involved in a legal dispute with another Indian company, 'B'. During the proceedings in an Indian court, it becomes evident that a key witness, who has crucial information about the case, resides in Canada. The witness is unable to travel to India to provide testimony due to health reasons.

Under Section 77 of The Code of Civil Procedure, 1908, the Indian court handling the case may choose not to issue a commission (a formal request for taking evidence) to get the testimony. Instead, the court can issue a 'letter of request' to a competent authority in Canada asking them to examine the witness on the court's behalf.

This provision helps in gathering important testimonies from witnesses who are outside the jurisdiction of India, ensuring that the case can proceed with all the necessary evidence.