Cases in which High Court Division may issue commission to examine witness

(1) If the High Court Division is satisfied—

(a) that a foreign Court situated in a foreign country wishes to obtain the evidence of a witness in any proceeding before it,

(b) that the proceeding is of a civil nature, and

(c) that the witness is residing within the limits of the ²[High Court Divisions,] appellate jurisdiction,

it may, subject to the provisions of rule 20, issue a commission for the examination of such witness.

(2) Evidence may be given of the matters specified in clauses (a), (b) and (c) of sub-rule (1)—

(a) by a certificate signed by the consular officer of the foreign country of the highest rank in Bangladesh and transmitted to the High Court Division through the Government, or

(b) by a letter of request issued by the foreign Court and transmitted to the High Court Division through the Government, or

(c) by a letter of request issued by the foreign Court and produced before the High Court Division by a party to the proceeding.