section 91 Civil procedure code 1908


Section 91 of the Civil Procedure Code, 1908 pertains to the power of the court to issue orders for the proper conduct of a suit or proceedings. Here is the text of Section 91:”91. Power of Court to issue commissions.—(1) In any suit in which the Court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the market-value of any property, or the amount of any mesne profits or damages or annual net profits, the Court may issue a commission to such person as it thinks fit directing him to make such investigation and to report thereon to the Court:Provided that, where the State Government has made rules as to the persons to whom such commission shall be issued, the Court shall be bound by such rules.(2) Where a commission is issued under sub-section (1), the Court shall direct that the expenses of the commission be paid by such of the parties or out of any fund or property in dispute, as it may think fit.(3) The Court may also, in its discretion, issue a commission for the examination on interrogatories or otherwise of any person resident within the local limits of its jurisdiction, who is exempted under this Code from attending the Court or who is from sickness or infirmity unable to attend it:Provided that the examination of such person can be made by other means.”In essence, Section 91 empowers the court to issue a commission in a civil suit for conducting a local investigation to clarify any matter in dispute or determine the value of property, amount of damages, mesne profits (profits derived from unlawful possession of property), or annual net profits. The court can appoint a person to carry out the investigation and submit a report to the court. The expenses of the commission are to be paid by the parties involved in the suit or from the disputed fund or property. Additionally, the court may also issue a commission to examine a person through interrogatories or other means if the person is exempted from attending court or is unable to do so due to sickness or infirmity.

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