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