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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 75 CPC: Power of Court to issue commissions

Bare Act text

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.]

Amendment notes

  1. Ins. by Act 104 of 1976, s. 26 (w.e.f. 1-2-1977).

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

Subject to prescribed conditions and limitations, the Court may issue a commission to examine any person, make a local investigation, examine or adjust accounts, or make a partition. The 1976 amendment added commissions to hold a scientific, technical or expert investigation, to conduct sale of property in Court custody that is subject to speedy and natural decay, and to perform any ministerial act.

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