Detailed Guide to Commissions under the Civil Procedure Code (CPC) Order XXVI

ORDER XXVI: Commissions

Order XXVI of the Civil Procedure Code (CPC) outlines the rules and procedures for issuing commissions in various contexts, including examining witnesses, conducting local investigations, performing scientific investigations, and managing accounts. Below is a detailed explanation of the various rules and procedures under Order XXVI:

1. Commissions to Examine Witnesses

Cases in which Court may issue commission to examine witness: Any court can issue a commission for the examination of a person within its jurisdiction if the person is exempted from attending the court due to sickness, infirmity, or other reasons.
- A commission for examination on interrogatories requires the court to record reasons for its necessity.
Order for commission: The court can order the issue of a commission for the examination of a witness either on its own motion or on an application by a party or the witness.
Where witness resides within Court’s jurisdiction: A commission for examining a person residing within the court's jurisdiction can be issued to any suitable person chosen by the court.
Persons for whose examination commission may issue: Commissions can be issued for:
- Persons residing beyond the local limits of the court's jurisdiction.
- Persons about to leave the local limits before their examination date.
- Persons in government service who cannot attend without detriment to public service.
Commission or request to examine witness not within India: For examining a person outside India, the court may issue a commission or a letter of request.
Court to examine witness pursuant to commission: Every court receiving a commission must examine the witness as per the commission.
Return of commission with depositions of witnesses: Executed commissions should be returned with the evidence taken, forming part of the suit record.
When depositions may be read in evidence: Evidence taken under a commission can be read in court if the person is beyond jurisdiction, deceased, or unable to attend due to sickness, among other reasons.

2. Commissions for Local Investigations

Commissions to make local investigations: The court may issue a commission to investigate local matters such as property value or damages.
Procedure of Commissioner: The commissioner conducts a local inspection, collects evidence, and submits a report to the court. This report, along with the evidence, forms part of the record.

3. Commissions for Scientific Investigation and Other Acts

10A. Commission for scientific investigation: When a suit involves scientific investigation, the court may issue a commission to a suitable person to conduct the inquiry and report back.

10B. Commission for performance of a ministerial act: For tasks that cannot be conveniently performed in court, a commission can be issued to a suitable person to perform the act and report.

10C. Commission for the sale of movable property: If movable property in court custody needs to be sold, a commission can be issued to conduct the sale and report the results.

4. Commissions to Examine Accounts

Commission to examine or adjust accounts: In cases requiring account examination or adjustment, the court can issue a commission for this purpose.
Court to give Commissioner necessary instructions: The court provides necessary instructions and parts of the proceedings to the commissioner, specifying whether the commissioner should report opinions or merely transmit proceedings.

5. Commissions to Make Partitions

Commission to make partition of immovable property: After a preliminary decree for partition, the court may issue a commission to divide the property according to declared rights.
Procedure of Commissioner: The commissioner conducts an inquiry, prepares a report, and submits it to the court for confirmation, variation, or setting aside.

6. General Provisions

Expenses of commission to be paid into Court: The court may order the payment of commission expenses by the requesting party.
Powers of Commissioners: Commissioners can examine parties, witnesses, and documents, and enter properties for inspection.

16A. Questions objected to before the Commissioner: The commissioner records questions, answers, and objections, and the court decides on the admissibility of answers.

Attendance and examination of witnesses before Commissioner: Court provisions for summoning and examining witnesses apply to commissioners.
Parties to appear before Commissioner: Parties must appear before the commissioner as directed, and the commissioner may proceed in their absence.

18A. Application of order to execution proceedings: Provisions of this order apply to execution proceedings.

18B. Court to fix a time for return of Commission: The court sets a return date for the commission, extendable only for sufficient cause.

Cases in which High Court may issue commission to examine witness: High Courts can issue commissions for foreign court proceedings in civil matters.
Application for issue of commission: Parties or state law officers can apply for commissions under rule 19.
To whom commission may be issued: Commissions can be issued to courts or individuals within local jurisdiction limits.

These detailed rules ensure the orderly and efficient handling of commissions in various legal contexts, providing clear guidelines for their issuance, execution, and return.