Commission to Another Court
When the witness to be examined lives in another State, the issuing Court cannot reach him itself. Section 76 lets it send the commission to a Court there — which examines the person and returns the commission with the evidence.
How to read Section 76
Section 75 gave the Court the power to issue a commission to examine a person. But what if that person is far away, in a different State? Section 76 is the routing rule — and the receiving Court’s duty.
To any Court — not a High Court — in another State, which has jurisdiction over the place where the person to be examined lives.
It shall examine the person (itself or through another), and once duly executed, send the commission back — together with the evidence — to the issuing Court.
If the order issuing the commission gave different directions for its return, the commission is returned in terms of that order instead.
The bare Act
(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.
Reproduced as in the Code (no amendment footnotes in the provided text). § 76 stands substantially as enacted; the detailed machinery for commissions is in Order XXVI.
Key terms decoded
A § 75(a) commission — an order to record a person’s evidence outside open court. § 76 deals with routing such a commission across State lines.
The Court that issues the commission — the one trying the suit and needing the evidence.
The commission goes to a subordinate Court, not a High Court — the High Court is not burdened with executing such commissions.
§ 76 applies specifically across State boundaries — where the witness is in a different State from the trying Court.
The receiving Court must be the one with local jurisdiction over where the person to be examined actually lives.
The receiving Court may take the evidence itself or have it taken (e.g. by a commissioner it appoints) — either way, the duty is discharged.
In accordance with the commission — the examination must follow what the commission asks for.
Properly carried out — the examination completed as required, so the commission has done its job.
The commission goes back to the issuing Court with the recorded evidence — so the trying Court can use the testimony.
The default return-route yields to any specific direction in the order that issued the commission — then it is returned in those terms.
The picture — sent out, examined, sent back
A two-way journey: the trying Court sends the commission out to the Court where the witness lives; that Court examines him and sends it back with the evidence — closing the loop, unless the issuing order set a different return-route.
Section 76, part by part
Two sub-sections — the routing, then the receiving Court’s duty. Switch tabs to walk through the operative phrases.
How the two sub-sections work as one body
Connected provisions
Section 76 carries forward the commission power of § 75 across State lines; for witnesses outside India the route is a letter of request (§ 77), and § 78 handles commissions coming the other way. Procedure: Order XXVI.