Code of Civil Procedure • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 77 of Code of Civil Procedure: Letter of request
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
In lieu of issuing a commission the Court may issue a letter of request to examine a witness residing at any place not within India.
Legal Commentary & Landmark Judgments: Section 77
Section 77 empowers civil courts to issue a Letter of Request to examine a witness residing at any place not within India, in lieu of issuing a commission.
Letter of Request in Lieu of Commission: In lieu of issuing a commission, the court may issue a letter of request to examine a witness residing at any place not within India.
Diplomatic Transmission: Transmitted through the Ministry of External Affairs and diplomatic channels to the competent judicial authority of the foreign state.
International Judicial Assistance: Governed by bilateral mutual legal assistance treaties (MLAT) or the Hague Evidence Convention.
Key Landmark Precedents:
State of Haryana v. Narvir Singh, (2014) 1 SCC 105: Referenced cross-border evidentiary assistance under Section 77.
Ethiopian Airlines v. Stic Travels (P) Ltd., (2001) 7 SCC 440: Affirmed that examination of witnesses abroad requires diplomatic transmission of Letters of Request under Section 77.
Courtroom Practice & Strategic Litigation Guidance:
In international commercial litigation requiring foreign expert testimony, apply under Section 77 for a formal Letter of Request addressed to the competent judicial authority of the foreign country.
Legal Commentary & Landmark Judgments: Section 77
Section 77 empowers civil courts to issue a Letter of Request to examine a witness residing at any place not within India, in lieu of issuing a commission.
In international commercial litigation requiring foreign expert testimony, apply under Section 77 for a formal Letter of Request addressed to the competent judicial authority of the foreign country.