Free Judiciary Notes · CPC Notes
CPC Sec.75-78
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PART III
INCIDENTAL PROCEEDINGS COMMISSIONS
75. 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.
A civil court cannot issue commission in the following case—
a. for examining a person
b. For examining accounts
c. to execute partition
d. To execute a decree
Ans. (d)
Court may not issue a commission:
a. to examine any person
b. to examine accounts
c. to perform any ministerial act
d. to arrest a person
Ans. (d)
When a commission has been issued under section 75, Code of Civil Procedure, 1908, the commission, if not a Judge of Civil Court?
a. can call any witness relating to the matter
b. can determine the legality of questions asked during the conduct of proceedings by the commission
c. can extend time and grant exemption from personal appearance
d. cannot impose penalties of the fine and initiate contempt of court proceedings
Ans. (d)
Section 75 of C.P.C. deals with
a. Power to issue summons
b. Power to issue commission
c. Right to appeal
d. Res judicata
Ans. (b)
76. 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.
77. LETTER OF REQUEST. —
In lieu of issuing a commission the Court may issue a letter of request to examine a witness residing at any place not within India.
78. COMMISSIONS ISSUED BY FOREIGN COURTS—
Subject to such conditions and limitations as may be prescribed the provisions as to the execution and return of commissions for the examination of witnesses hall apply to commissions issued by or at the instance of—
a. Courts situate in any part of India to which the provisions of this Code do not extend; or
b. Courts established or continued by the authority of the Central Government outside India; or
Courts of any State or country outside India.