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The Code of Civil Procedure, 1908: page 61

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 61, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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               (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 1[India.]
   2
     [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                          e
                                           SUITS IN PARTICULAR CASES
   3
                                                                              od
          SUITS BY OR AGAINST THE GOVERNMENT OR PUBLIC OFFICERS IN THEIR OFFICIAL CAPACITY
     [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—         aC
        (a) in the case of a suit by or against the Central Government, 4[the Union of India], and
                                                                 di
        (b) in the case of a suit by or against a State Government, the State.]
   80. Notice.— 5[(1)] 6[ Save as otherwise provided in sub-section (2), no suits 7[shall be instituted]
                                                           In
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 8[delivered to, or left at the office
of—]
         (a) in the case of a suit against the Central Government, 9[except where it relates to a railway] a
     Secretary to that Government;
         10
            [(b)] in the case of a suit against the Central Government where it relates to railway, the General
     Manager of that railway;
         11
            [(bb) in the case of a suit against the Government of the State of Jammu and Kashmir, the Chief
     Secretary to that Government or any other officer authorized by that Government in this behalf;]
         (c) in the case of a suit against 12[any other State Government], a Secretary to that Government or
     the Collector of the district; 13***
         14
            *                     *                   *                     *                    *


1. Subs. by Act 2 of 1951, s. 3, for “the States”.
2. Subs. by s. 11, ibid., for s. 78 (w.e.f. 1-4-1951).
3. Subs. by the A.O. 1948, for s. 79.
4. Subs. by the A.O. 1950, for “the Dominion of India”.
5. S. 80 renumbered as sub-section (1) by Act 104 of 1976, s. 27 (w.e.f. 1-2-1977).
6. Subs. by s. 27, ibid., for “No suit shall be instituted” (w.e.f. 1-2-1977).
7. 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”.
8. 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”.
9. Ins. by Act 6 of 1948, s. 2.
10. Clause (aa) ins. by Act 6 of 1948, s. 2 and relettered as clause (b) and the Former clause (b) omitted by the A.O. 1948.
11. Ins. by Act 26 of 1963, s. 3 (w.e.f. 5-6-1964).
12. Subs. by s. 3, ibid., for “a State Government” (w.e.f. 5-6-1964).
13. The word “and” omitted by the A.O. 1948.
14. Clause (d) omitted by the A.O. 1948.


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