Power to order discovery and the like

PART III

INCIDENTAL PROCEEDINGS COMMISSIONS 75. Power of Court to issue commissions.—Subject to such conditions and limitations as may be prescribed, the Court may issue a commission— (a) to examine any person; (b) to make a local investigation; (c) to examine or adjust accounts; or (d) to make a partition; 1[(e) to hold a scientific, technical, or expert investigation; (f) to conduct sale of property which is subject to speedy and natural decay and which is in the custody of the Court pending the determination of the suit; (g) to perform any ministerial act.] 76. Commission to another Court.—(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. 77. Letter of request.—In lieu of issuing a commission the Court may issue a letter of request to examine a witness residing at any place not within 2[India] 3[78. Commissions issued by foreign Courts.—Subject to such conditions and limitations as may be prescribed the provisions as to the execution and return of commissions for the examination of witnesses shall apply to commissions issued by or at the instance of— (a) Courts situate in any part of India to which the provisions of this Code do not extend; or (b) Courts established or continued by the authority of the Central Government outside India; or (c) Courts of any State or country outside India.] PART IV

SUITS IN PARTICULAR CASES SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY 4[79. Suits by or against Government.—In a suit by or against the Government, the authority to be named as plaintiff or defendant, as the case may be, shall be— (a) in the case of a suit by or against the Central Government, 5[the Union of India], and (b) in the case of a suit by or against a State Government, the State.] 80. Notice.— 6[(1)] 7[ Save as otherwise provided in sub-section (2), no suits 8[shall be instituted] against the Government (including the Government of the State of Jammu and Kashmir)] or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been 9[delivered to, or left at the office of—] (a) in the case of a suit against the Central Government, 10[except where it relates to a railway] a

Secretary to that Government;

1. Ins. by Act 104 of 1976, s. 26 (w.e.f. 1-2-1977). 2. Subs. by Act 2 of 1951, s. 3, for “the States”. 3. Subs. by s. 11, ibid., for s. 78. 4. Subs by the A.O. 1948, for s. 79. 5. Subs. by the A.O. 1950, for “the Dominion of India”. 6. S. 80 renumbered as sub-section (1) by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977). 7. Subs. by s. 27, ibid., for “No suit shall be instituted” (w.e.f. 1-2-1977). 8. Subs. by Act 26 of 1963, s. 3 for “shall be instituted against the Government” (w.e.f. 5-6-1964). The words in italics were subs. by the A.O. 1948, for “Instituted against the Crown” 9. Subs. by the A.O. 1937, for “in the case of the Secretary of State in Council, delivered to, or left at the office of a Secretary to the L.G. or the Collector of the District”. 10. Ins. by Act 6 of 1948, s. 2.