Gujarat High Court Civil Manual (subordinate court practice), 1960
(i) The order directing the issue of a commission to examine a witness should state whether the commission is to be addressed to a Court or a lawyer or other person. (ii) Where the witness to be examined is resident beyond the jurisdiction of the Court, the commission shall ordinarily be addressed to the Court within whose jurisdiction the witness resides. (iii) When a commission is issued to a Court, the amount deposited by a party for defraying the expenses shall also be transmitted to the Court to which the commission is issued. (iv) On receipt of a commission issued under Order XXVI, rule 4, for the examination of a witness, the commissioner should determine whether he will execute it at the residence of the witness, or at some convenient place in the neighbourhood of the Court, or if the commissioner be a judicial officer whether the witness shall attend in the Court or in the premises of the Court of such officer, proper arrangements being made, if necessary, for due privacy. As a rule the person to be examined should appear before the Commissioner at the particular time and place specified in the notice issued but discretion should be exercised in the examination of those whose attendance is ordinarily excused, such as women, persons unable to be removed from their houses owing to old age, sickness, or other bodily infirmity, or persons of rank exempted under section 133 of the Civil Procedure Code, from personal attendance in Court. In such cases the commissioner should endeavour to discharge his duty with due regard to the special circumstances and condition of the witness. (v) While evidence should not as a rule be excluded by the commissioner on debatable grounds, he is nevertheless responsible for preventing abuse of the right of cross-examination and for keeping it within reasonable limits. (vi) When a party fails to appear on the day and at the hour fixed for examination or applies for time, the Commissioner should proceed ex-parte if he is of opinion that adjournment is sought on frivolous or unreasonable grounds.