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SECTION 75, 76 OF CODE OF CIVIL PROCEDURE 1908

What is the Power of court to issue commissions? What is Commission to another Court? Section 75 and 76 of Code of Civil Procedure 1908

Power of court to issue commissions and Commission to another Court are defined under Section 75 and 76 of Code of Civil Procedure 1908. Provisions under these Sections are:

Section 75 of Code of Civil Procedure 1908 "Power of court to issue commissions"

Subject to such conditions and limitations as may be prescribed, the court may issue a commission-
(a) to examine any person;
(b) to make a local investigation;
(c) to examine or adjust accounts; or
(d) to make a partition;

 

(e) to hold a scientific, technical, or expert investigation;

(f) to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit;

(g) to perform any ministerial act.

Section 76 of Code of Civil Procedure 1908 "Commission to another Court"

(1) A commission for the examination of any person may be issued to any Court (not being a High Court) situate in a State other than the State in which the Court of issue is situate and having jurisdiction in the place in which the person to be examined resides.

(2) Every Court receiving a commission for the examination of any person under sub-section (1) shall examine him or cause him to be examined pursuant thereto, and the commission, when it has been duly executed, shall be returned together with the evidence taken under it to the Court from which it was issued, unless the order for issuing the commission has otherwise directed, in which case the commission shall be returned in terms of such order.

Code of Civil Procedure 1908

What is Partial exemption of agricultural produce? What is Seizure of property in dwelling-house? Section 61 and 62 of Code of Civil Procedure 1908

What is the meaning Property attached in execution of decrees of several Courts? What is the meaning Private alienation of property after attachment to be void? Section 63 and 64 of Code of Civil Procedure 1908

What is Purchaser's title? What is the Power for State Government to make rules as to sales of land in execution of decrees for payment of money? Section 65 and 67 of Code of Civil Procedure 1908

What is the meaning Proceeds of execution-sale to be reateably distributed among decree-holders? What is Resistance to execution? Section 73 and 74 of Code of Civil Procedure 1908

What is the Power of court to issue commissions? What is Commission to another Court? Section 75 and 76 of Code of Civil Procedure 1908

What is Letter of request? What is the meaning Commissions issued by foreign Courts? Section 77 and 78 of Code of Civil Procedure 1908

How to file Suits by or against Government? How to issue Notice? Section 79 and 80 of Code of Civil Procedure 1908


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