No. 8 of CPC : No. 8: LETTER OF REQUEST

The Code Of Civil Procedure 1908

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Explanation using Example

Example 1:

Scenario: A property dispute case in Delhi High Court

Details:

  • Plaintiff: Mr. A
  • Defendant: Mr. B
  • Claim: Mr. A claims that Mr. B has illegally occupied his property.

Situation: Mr. A has filed a suit against Mr. B in the Delhi High Court. Mr. A claims that Mr. B has illegally occupied his property. To support his claim, Mr. A needs to examine three witnesses who reside in Mumbai.

Application of Section No. 8: LETTER OF REQUEST: The Delhi High Court issues a Letter of Request to the Mumbai High Court, requesting the examination of the following witnesses:

  • Mr. E, residing in Mumbai
  • Ms. F, residing in Mumbai
  • Mr. G, residing in Mumbai

The Letter of Request asks the Mumbai High Court to summon these witnesses, examine them under oath, and record their testimonies. The testimonies are to be authenticated and sent back to the Delhi High Court for use in the ongoing case.

Example 2:

Scenario: A commercial contract dispute in the Madras High Court

Details:

  • Plaintiff: Company X
  • Defendant: Company Y
  • Claim: Company X claims that Company Y breached a commercial contract.

Situation: Company X has filed a suit against Company Y in the Madras High Court, alleging breach of contract. Company X needs to examine three key witnesses who are currently residing in Bangalore.

Application of Section No. 8: LETTER OF REQUEST: The Madras High Court issues a Letter of Request to the Bangalore City Civil Court, requesting the examination of the following witnesses:

  • Mr. H, residing in Bangalore
  • Ms. I, residing in Bangalore
  • Mr. J, residing in Bangalore

The Letter of Request asks the Bangalore City Civil Court to summon these witnesses, examine them under oath, and record their testimonies. The testimonies are to be authenticated and sent back to the Madras High Court for use in the ongoing case.