Gujarat High Court Civil Manual (subordinate court practice), 1960
(i) The proper course for the courts of one country to adopt in order to obtain evidence in another country is to send letters of request (Commission rogataire) addressed to the proper court in the foreign country. (ii) The question as to the method by which evidence could be obtained by the Indian Courts in any foreign country is governed by (1) International courtesy, (2) the law in force of the country concerned. Evidence can be obtained in a foreign country either by addressing a letter of request to the competent judicial authorities of the country from which the evidence is required, or by the issue of a commission to some person in the foreign country be concerned, for example a consular or diplomatic officer of India abroad, to be named personally by the Indian Courts. But the issue of a commission is only possible in a limited number of countries where the local law permits it. Necessary instructions for taking of evidence by our Consular or Diplomatic Officers in foreign countries upon commissions issued to them by courts in India have been issued by the Central Government to officers belonging to the Indian Foreign Service. A List of Foreign Service Officers is given in Appendix B at page 404 in volume II. (iii) The Code of Civil Procedure provides for this by section 77, Order XXVI, rule 5, and form 8 in Appendix H. It should be noted that the appointment of a foreign Court as a Commissioner is not permissible.