Sections 75 and 76 CPC: Court Commissions and Commission to Another Court

Sections 75 and 76 of the Code of Civil Procedure, 1908 form part of Part III on incidental proceedings. Section 75 sets out the purposes for which a Court may issue a commission, subject to prescribed conditions and limitations. Section 76 governs a commission for examination of a person through a Court in another State.

Current central law: Sections 75 and 76 continue to form part of the Code of Civil Procedure, 1908. Their operation should be read with the relevant rules in Order XXVI of the First Schedule and with applicable High Court or State amendments.

Section 75 CPC - 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.

Meaning and effect of Section 75

  • The Court's power is subject to conditions and limitations prescribed by the CPC rules.
  • A commission may be issued for examination of a person, local investigation, examination or adjustment of accounts, or partition.
  • The provision also covers scientific, technical or expert investigation.
  • A commission may be used for sale of property in Court custody that is subject to speedy and natural decay.
  • The Court may also issue a commission to perform a ministerial act.

Section 76 CPC - 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.

Meaning and effect of Section 76

  • Section 76 specifically concerns a commission for examination of a person.
  • The issuing Court may send the commission to a competent Court, other than a High Court, in another State where the person resides.
  • The receiving Court must examine the person, or cause the person to be examined, in accordance with the commission.
  • After execution, the commission and evidence are ordinarily returned to the issuing Court unless the issuing order directs otherwise.

Related Procedure Under Order XXVI CPC

Sections 75 and 76 provide the statutory foundation for commissions, while the detailed procedure is principally contained in Order XXVI of the First Schedule to the Code of Civil Procedure, 1908. The applicable rules should be checked according to the purpose of the commission and the facts of the case.

Official CPC Reference

For the authoritative central text, see the Code of Civil Procedure, 1908 on India Code.