Letter of Request (O.26, R.5.)
(Title)
(Heading:--
To the President and Judges of, etc., etc.; or as the case may be.)
WHEREAS
a suit is now pending in the................ in which A.B.is plaintiff and
C.D.is defendant; And in the said suit the plaintiff claims..............
(Abstract
of claim)
And
whereas it has been represented to the said Court that it is necessary for the
purposes of justice and for the due determination of the matters in dispute
between the parties, that the following persons should be examined as witnesses
upon oath touching such matters, that is to say:
E.F.,
of..........
G.H.,
of..........and
I.J.,
of............
And
it appearing that such witnesses are resident within the jurisdiction of your
honorable Court;
Now
I................, as the of the.............. said Court, have the honor to
request, and do hereby request, that for the reasons aforesaid and for the
assistance of the said Court, you, as the President and the Judges of the
said............., or some one or more of you, will be pleased to summon the
said witness (and such other witnesses as the agents of the said plaintiff and
defendant shall humbly request you in writing so to summon) to attend at such
time and place as you shall appoint before some one or more of you or such
other person as according to the procedure of your Court is competent to take
the examination of witnesses, and that you will cause such witnesses to be
examined upon the interrogatories which accompany this letter of request (or
vive voce) touching the said matters in question in the presence of the agents
of the plaintiff and defendant, or such of them as shall, on due notice given,
attend such examination.
And
I further have the honor to request that you will be pleased to cause the answers
of the said witnesses to be reduced into writing, and all books, letters,
papers and documents produced upon such examination to be duly marked for
identification, and that you will be further pleased to authenticate such
examination by the seal of your tribunal, or in such other way as is in
accordance with your procedure, and to return the same, together with such
request in writing, if any, for the examination of other witnesses to the said
Court.
Note.--
If the request is directed to a Foreign Court, the words 'through {Subs. by the
A.O.1950 for "His Majesty's Secretary of State for Foreign Affairs".}
[the Ministry of External Affairs of the Government of India] for
transmission" should be inserted after the words "other
witnesses" in the last line of this form.
