Section 75 of CPC : Section 75: Power of Court to issue commissions.

Explanation using Example

Example 1:

Scenario: Property Dispute

Ravi and Suresh are involved in a property dispute over a piece of land in a village. Ravi claims that the land belongs to him, while Suresh argues that it is his ancestral property. The court decides to issue a commission to make a local investigation.

Application of Section 75: The court appoints a local commissioner, who visits the disputed land, examines the boundaries, and gathers evidence from local witnesses. The commissioner prepares a detailed report and submits it to the court. Based on this report, the court is better equipped to make a fair decision regarding the ownership of the land.

Example 2:

Scenario: Examination of a Witness

In a civil suit involving a breach of contract, one of the key witnesses, Mr. Sharma, is bedridden and unable to attend the court due to severe illness. His testimony is crucial for the case.

Application of Section 75: The court issues a commission to examine Mr. Sharma at his residence. A commissioner, usually an advocate or a retired judge, visits Mr. Sharma's home, records his testimony, and submits it to the court. This ensures that Mr. Sharma's evidence is considered without causing him undue hardship.

Example 3:

Scenario: Partition of Joint Family Property

A joint family decides to partition their ancestral property among the family members. However, there is a disagreement on how the property should be divided.

Application of Section 75: The court issues a commission to make a partition. A commissioner is appointed to survey the property, evaluate its value, and suggest a fair division among the family members. The commissioner's report helps the court in making an equitable partition order.

Example 4:

Scenario: Examination of Accounts

A partnership firm is dissolved, and the partners are in dispute over the settlement of accounts. Each partner accuses the other of financial mismanagement.

Application of Section 75: The court issues a commission to examine and adjust the accounts of the partnership firm. A chartered accountant is appointed as the commissioner to audit the firm's books, verify transactions, and prepare a report. This report assists the court in resolving the financial disputes between the partners.

Example 5:

Scenario: Sale of Perishable Goods

A consignment of fresh fruits is involved in a legal dispute, and the fruits are perishable and likely to decay soon.

Application of Section 75: The court issues a commission to conduct the sale of the perishable goods. A commissioner is appointed to oversee the sale process, ensuring that the fruits are sold quickly to prevent loss. The proceeds from the sale are held by the court until the dispute is resolved.

Example 6:

Scenario: Scientific Investigation

In a patent infringement case, there is a need to determine whether the defendant's product uses the patented technology of the plaintiff.

Application of Section 75: The court issues a commission to hold a scientific investigation. An expert in the relevant field is appointed as the commissioner to examine the defendant's product and compare it with the patented technology. The expert's report provides the court with the necessary technical insights to make an informed decision.