CPC 1908 • Part III
⚗️PART III
Incidental Proceedings
Commissions · §§ 75–78
Part III lets the Court reach outside the courtroom through a commissioner — to examine a witness, inspect a place, take accounts, divide property and more. Its one chapter is Commissions.
◆ Commissions ◆
§75
📝The enabling powerPower of the Court to issue commissions
The Court may delegate a defined task to a commissioner — seven purposes in all:
a · examine a personb · local investigationc · accountsd · partitione · expert inquiryf · sell perishablesg · ministerial act
§76
📧Reaching another courtCommission to another Court
Where the person to be examined or the thing to be done lies beyond the Court’s own jurisdiction, the commission is sent to another competent Court to carry out.
§77
✉️Across the borderLetter of request
In place of a commission, the Court may issue a letter of request to examine a person residing outside India.
§78
🌎The other directionCommissions issued by foreign Courts
How commissions and letters of request from courts outside India are received and executed by courts here.
CPC 1908 · Part III — Incidental Proceedings · Commissions §§ 75–78 · procedure in Order XXVI.