Commission to another Court
Section 76 of the Code of Civil Procedure, 1908 deals with commission to another Court. 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. The Act came into force on 01 Jan 1909.
(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.
Section 76, The Code of Civil Procedure, 1908 (Act 5 of 1908).
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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… As to maintainability of appeal : Herein Sec.76 of the Bombay Public Trust Act, 1950 comes into way and it is reproduced as under :- " Section 76 :- Civil Procedure Code to apply to proceedings before Court under this Act :- Save in so far as they may be inconsistent with anything contained in this Act, the provisions of the Code of Civil Procedure, 1908, shall apply to all proceedings before the Court under this Act and therefore, so far as appeal is …
Questions about Section 76
What does Section 76 of the Code of Civil Procedure deal with?
Section 76 of the Code of Civil Procedure is headed "Commission to another Court". 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.
How do I find court cases under Section 76 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 76, section 76 CPC, section 76 of the Code of Civil Procedure. People searching for it also type cpc 76 pill. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 76 of the Code of Civil Procedure come into force?
Section 76 of the Code of Civil Procedure, cited as CPC 76, 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 16 Oct 2026. This page is not a substitute for legal advice.