Power of Court to issue commissions
Section 75 of the Code of Civil Procedure, 1908 deals with 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; The Act came into force on 01 Jan 1909.
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;
1[(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.]
Section 75, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Kamalbai Shrikrushna Kolangade v. Ashokkumar Badrinarayan Bharadiya
Court's Decision & Legal Precedent
CPC s.75 empowers issuance of a commission for local investigation; discretion must be exercised judiciously. Where adjacent survey numbers and disputed boundaries make demarcation necessary to elucidate the controversy in a title/injunction suit, the court should appoint a surveyor-commissioner under s.75 / O26 R9 (following Haryana Waqf Board). Commissioner cannot be used merely to collect evidence of who is in possession.
On this section: s.75 commissions — local investigation/demarcation for boundary disputes proper; not for possession-evidence gathering
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… factual background as narrated, the relevant questions pose for consideration are; what is the purpose of appointing commission for local inspection? Similarly, whether a commission can be appointed for local inspection to note out certain things which are not relevant to decide the issue involved in the Suit? 8. Section 75 of the Code of Civil Procedure deals with the power of the court to issue commission and as per Section 75(b), the court can issue a commission to make a local investigation. Order 26 Rule 9 deals with commissions to make local investigations. As per which, in any suit in which the Court deems a local investigation …
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… An appropriate answer to the question aforesaid is not far to seek. In the course of a civil suit, by way of incidental proceedings, the Court could issue a Commission, inter alia, for making local investigation, as per Section 75 of the Code of Civil Procedure ("the Code" hereafter). The procedure in relation to such Commission for local investigation is specified in Rules 9 and 10 of Order XXVI of the Code. Suffice it to notice for the present purpose that, as per clause (3) of Rule 10 of Order XXVI, where the Court is disssatisfied with …
Questions about Section 75
What have the courts held on Section 75 of the Code of Civil Procedure?
Kamalbai Shrikrushna Kolangade v. Ashokkumar Badrinarayan Bharadiya (03 Feb 2021) is the leading judgment on this section among those set out below: s.75 commissions — local investigation/demarcation for boundary disputes proper; not for possession-evidence gathering.
How do I find court cases under Section 75 of the Code of Civil Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 75, section 75 CPC, section 75 of the Code of Civil Procedure. People searching for it also type cpc 75 air compressor. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Kamalbai Shrikrushna Kolangade v. Ashokkumar Badrinarayan Bharadiya (03 Feb 2021).
What should I read with Section 75 of the Code of Civil Procedure, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 75 of the Code of Civil Procedure come into force?
Section 75 of the Code of Civil Procedure, cited as CPC 75, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.
Other sections of this Act
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.