Home  /  Code of Civil Procedure  /  Section 75

Section 75: Power of Court to issue commissions

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
Section 74 All 158 Sections of Code of Civil Procedure Section 76

Legal Commentary & Landmark Judgments: Section 75

Section 75 establishes the statutory powers of civil courts to issue commissions for examining witnesses, conducting local investigations, inspecting accounts, effecting partitions, holding scientific investigations, and conducting sales of property.

  • Seven Statutory Commission Grounds: 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, (d) to make a partition, (e) to hold a scientific, technical, or expert investigation, (f) to conduct sale of property which is subject to speedy and natural decay, and (g) to perform any ministerial act.
  • Discretionary Power Guided by Justice: Enables the court to ascertain on-the-ground facts, measure boundaries, inspect books, and obtain scientific forensic reports.
  • Order 26 CPC Integration: Detailed procedural execution of commissions is governed by Order 26 Rules 1 to 22.
Key Landmark Precedents:
  • K.K. Velusamy v. N. Palanisamy, (2011) 11 SCC 275: The Supreme Court held that Section 75 confers wide powers to issue commissions to elucidate matters in dispute; the court must exercise this power to discover truth and prevent fraud, not to collect evidence for a negligent party.
  • Haryana Waqf Board v. Shanti Sarup, (2008) 8 SCC 671: The Supreme Court ruled that in cases of boundary disputes or encroachment allegations, the trial court commits a grave error in not appointing a Local Commissioner under Section 75(b) to inspect the site and demarcate boundaries.
  • Shub Karan Bubna v. Sita Saran Bubna, (2009) 9 SCC 689: Affirmed that in non-agricultural partition suits, commissions are issued under Section 75(d) read with Order 26 Rule 13 to effect metes-and-bounds division.
Courtroom Practice & Strategic Litigation Guidance:

In boundary encroachment and property demarcation suits, move an application under Order 26 Rule 9 read with Section 75(b) at the early trial stage for appointment of a revenue Court Commissioner to survey the site.

Section 74 All 158 Sections of Code of Civil Procedure Section 76