(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.
Legal Commentary & Landmark Judgments: Section 76
Section 76 authorizes a civil court to issue a commission for the examination of any person to another court within whose jurisdiction the witness resides, including courts in other States.
If a material witness is hospitalized or residing in another State, apply under Order 26 Rule 4 read with Section 76 for a commission directed to the local Civil Court of that city to record evidence.