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Friday, 13 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Part III: Incidental Proceedings

Section 76 CPC: Commission to another Court

Bare Act text

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.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

A commission to examine a person may be issued to any Court, other than a High Court, in a State other than that of the issuing Court, having jurisdiction where the person resides. The Court receiving it must examine the person or have him examined, and return the executed commission with the evidence to the issuing Court, unless the order issuing the commission directs otherwise.

Part III: Incidental Proceedings

  1. 75 Power of Court to issue commissions
  2. 76 Commission to another Court
  3. 77 Letter of request
  4. 78 Commissions issued by foreign Courts
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