Code

CPC(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.

Here’s a structured ApniLaw-style article for the CPC provision you shared, focusing on inter-state commissions for examination of persons:

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CPC – Commission for Examination of Persons in Another State

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Code Text (Formatted)

Section:

1. A commission for the examination of any person may be issued to any Court (not being a High Court) situated in a State other than the State of the issuing Court, provided that Court has jurisdiction over the place where the person resides.
2. Every Court receiving such a commission shall examine the person or cause him to be examined pursuant to the commission.

• The commission, once duly executed, shall be returned along with the evidence to the issuing Court, unless the issuing Court orders otherwise.

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Explanation

This provision allows a Court to examine witnesses or parties residing in another State through a local Court with jurisdiction over that place.

• Purpose: Ensures that witnesses or parties who cannot travel to the issuing Court can still give evidence.
• Scope:
  1. Only applies to Courts other than High Courts.
  2. Issuing Court must ensure the receiving Court has local jurisdiction.
  3. The commission covers examination of any person, including witnesses, parties, or experts.
  4. Evidence collected under the commission is sent back to the issuing Court, unless otherwise directed.
• Execution of Commission:
  • The receiving Court examines the person or ensures the examination is conducted properly.
  • After completion, the commission and recorded evidence are returned to the Court that issued it.

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Illustration

1. Inter-state witness: A Delhi Court wants to examine a witness residing in Mumbai.
   • It issues a commission to a competent Mumbai Court.
   • The Mumbai Court examines the witness and sends back the testimony to the Delhi Court.
2. Party examination: A defendant in a civil suit resides in Bangalore, but the suit is in Kolkata.
   • The Kolkata Court issues a commission to a Bangalore Court.
   • The Bangalore Court records the defendant’s statement and returns the commission to Kolkata.

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Common Questions & Answers

Q1. Can a High Court be the receiving Court under this provision?
👉 No. Only subordinate or civil courts (other than High Courts) may receive such commissions.

Q2. Why is this provision important?
👉 It avoids unnecessary travel for witnesses or parties and ensures efficient cross-state justice.

Q3. Can the issuing Court direct a different mode of returning the commission?
👉 Yes. The commission is returned as per the orders of the issuing Court, unless specified otherwise.

Q4. Does the receiving Court have discretion in examining the person?
👉 The receiving Court must conduct or cause the examination to be done, following normal legal procedures.

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⚖️ Conclusion:
This section ensures effective inter-state judicial cooperation by allowing the examination of witnesses or parties through local courts in other states. It maintains the integrity of evidence while reducing logistical challenges.