Skip to content
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 78 CPC: Commissions issued by foreign Courts

Bare Act text

[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 shall 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

(c) Courts of any State or country outside India.] SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY

Amendment notes

  1. Subs. by s. 11, ibid., for s. 78 (w.e.f. 1-4-1951).
  2. Subs. by the A.O. 1948, for s. 79.

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 provisions on execution and return of commissions for examination of witnesses apply to commissions issued by or at the instance of Courts in parts of India where the Code does not extend, Courts established or continued by the Central Government outside India, and Courts of any State or country outside India. The present section was substituted in 1951.

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
ShareWhatsAppTelegramLinkedInX