Section 75 CPC — Power to Issue Commissions

Section 75 CPC empowers a civil court to issue commissions for specific purposes when assistance through a commissioner is necessary for the proper disposal of a suit.

Meaning of Section 75 CPC

A court may issue a commission for purposes authorised by the CPC. The provision enables the court to obtain evidence or conduct investigations that may be more conveniently carried out through a commissioner.

The detailed procedure is provided under Order XXVI CPC.

Purposes of Commission

A court may issue a commission for:

1. Examination of witnesses
2. Local investigation
3. Examination or adjustment of accounts
4. Partition of property
5. Scientific investigation
6. Performance of ministerial work
7. Sale of property in specified circumstances

How It Works

The court appoints a suitable commissioner and defines the purpose and scope of the commission. The commissioner performs the assigned task and submits a report or records evidence as directed.

The commissioner assists the court but does not decide the rights of the parties. The final adjudication remains with the court.

Section 75 and Order XXVI

Section 75 provides the general power to issue commissions, while Order XXVI lays down the detailed rules governing different types of commissions, their appointment, functions and reports.

Practical Example

In a property dispute, the court may appoint a local commissioner to inspect the disputed property, identify relevant physical features and submit a report. The report may assist the court in determining the issues before it.

Practical Importance

A commission can be particularly useful where:

• A witness cannot conveniently appear before the court.
• Physical inspection of property is required.
• Accounts require detailed examination.
• Property has to be partitioned.
• A specialised investigation is necessary.

The appointment of a commissioner is a discretionary procedural power, and it should be exercised for a legitimate purpose connected with the adjudication of the suit.

Importance for Law Students and Judiciary Exams

What to Remember

• Section 75 confers the power to issue commissions.
• Order XXVI contains the detailed procedure.
• Commissions may be used for evidence, local investigation, accounts, partition and other authorised purposes.
• A commissioner assists the court and does not replace the court’s adjudicatory function.

Important Questions to Prepare

1. What is the object of Section 75 CPC?
2. For what purposes can a court issue a commission?
3. What is the relationship between Section 75 and Order XXVI?
4. What is the role of a commissioner in civil proceedings?

Key Legal Principles

1. Section 75 provides the statutory authority for issuing commissions.
2. The power must be exercised for purposes recognised by the CPC.
3. Order XXVI governs the detailed procedure.
4. A commissioner’s role is investigative or evidentiary; the final decision belongs to the court.

ALSO READ: Section 63 – Property Attached in Execution of Decrees of Several Courts

Key Takeaways

Concept	Principle
Section	Section 75 CPC
Subject	Power to issue commissions
Main purposes	Evidence, investigation, accounts, partition
Detailed rules	Order XXVI
Final adjudication	Court