CPC Section 76 — Commission to another Court

Civil

Summary

A court can send a request to another court in a different state to examine a person who lives there, as long as that other court is not a High Court and has authority over the area where the person lives. The court that receives this request must carry out the examination or have it done. After the examination is finished, the record of the evidence and the request must be sent back to the original court, unless the original court’s order said something different about how to return them.

Official Text

(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.