hamburger menu
All Coursesall course arrow
adda247
reward-icon
adda247
    arrow
    arrow
    arrow
    Section 75 of the Civil Procedure Code, 1908 provides for -
    Question

    Section 75 of the Civil Procedure Code, 1908 provides for -

    A.

    Issuing Commission for getting opinion

    B.

    Appointment of executors and administrators

    C.

    Settlement of disputes outside the court

    D.

    All of the above

    Correct option is A


    Section 75 of the Civil Procedure Code, 1908, deals with the court's power to issue commissions. Specifically, it provides for issuing commissions for various purposes, including getting an opinion, conducting an inquiry, examining witnesses, or conducting a local investigation.
    Explanation:
    · Section 75 empowers the court to issue a commission for the following purposes:
    · To examine witnesses.
    · To conduct a local investigation.
    · To inspect property.
    · To get an expert opinion.
    · To conduct an inquiry.
    This section is intended to assist the court in gathering evidence or opinions that are necessary for the fair and just resolution of a dispute. The use of commissions is an important tool in civil procedure, allowing the court to obtain specialized knowledge or facts that may be beyond the immediate reach of the court.
    Information Booster:
    · Issuing Commission for Getting Opinion: One of the most common uses of a commission under Section 75 is to obtain an expert's opinion on matters requiring specialized knowledge, such as medical conditions, engineering details, or accounting practices. This allows the court to make more informed decisions based on expert analysis.
    Additional Knowledge:
    1. Appointment of Executors and Administrators: The appointment of executors and administrators is typically dealt with under the Indian Succession Act, 1925, not under the Civil Procedure Code, 1908. This involves the probate process, where the court appoints someone to manage and distribute the estate of a deceased person according to the will or law.
    2. Settlement of Disputes Outside the Court: The settlement of disputes outside the court is addressed under Section 89 of the Civil Procedure Code, which provides for alternative dispute resolution (ADR) mechanisms like arbitration, conciliation, mediation, and judicial settlement. This is different from the issuance of commissions under Section 75.

    test-prime-package

    Access ‘State Judiciary PCS J’ Mock Tests with

    • 60000+ Mocks and Previous Year Papers
    • Unlimited Re-Attempts
    • Personalised Report Card
    • 500% Refund on Final Selection
    • Largest Community
    students-icon
    354k+ students have already unlocked exclusive benefits with Test Prime!
    test-prime-package

    Access ‘State Judiciary PCS J’ Mock Tests with

    • 60000+ Mocks and Previous Year Papers
    • Unlimited Re-Attempts
    • Personalised Report Card
    • 500% Refund on Final Selection
    • Largest Community
    students-icon
    354k+ students have already unlocked exclusive benefits with Test Prime!
    Our Plans
    Monthsup-arrow