• +-ORDER XXVI : COMMISSIONS
• Sections 75-78
According to Section 75, 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;
(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.
Under Section 76 (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.
Commissions to examine witnesses
Cases in which Court may issue commission to examine witness
Any Court may in any suit 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:
An order for the issue of a commission for the examination of a
witness may be made by the Court either of its own motion or on the
application, supported by affidavit or otherwise, of any party to the suit or
of the witness to be examined.
(1) Any Court may in any suit issue a commission [for the examination on
interrogatories or otherwise of-]
(a) any person resident beyond the local limits of its jurisdiction;
(b) any person who is about to leave such limits before the date on
which he is required to be examined in Court; and
(c) [any person in the service of the Government] who cannot in the
opinion of the Court, attend without detriment to the public service ;
Where any Court to which application is made for the issue of a
commission for the examination of a person residing at any place not
within India is satisfied that the evidence of such person is necessary, the
Court may issue such commission or a letter of request.
(ii) Commissions for local investigations
• In any suit in which the Court deems a local investigation to be
requisite or proper for the purpose of
• (a) elucidating any matter in dispute, or
• (b) of ascertaining the market-value of any property, or
• (c) 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:
(iii) Commission for scientific investigations
• (1) Where any question arising in a suit involves any scientific
investigation which cannot, in the opinion of the Court, be
conveniently conducted before the Court, the Court may, in the
interests of justice issue a commission to such person, directing him
to inquire into such question and report thereon to the Court.
(iv) Commission for performance of a ministerial act
• Where any question arising in a suit involves the performance of
any ministerial act which cannot, in the opinion of the Court, be
conveniently performed before the Court, the Court may, in the
interests of justice, issue a commission to such person as it thinks fit,
directing him to perform that ministerial act and report thereon to the
Court.
(iv) Commission for the sale of movable property
• (1) Where, in any suit, it becomes necessary to sell any
movable property which is in the custody of the Court pending
the determination of the suit and which cannot be conveniently
preserved, the Court may, in the interests of justice, issue a
commission to such person, directing him to conduct such sale and
report thereon to the Court.
Commissions to examine accounts & Commissions to make partitions
• In any suit in which an examination or adjustment of the accounts is
necessary, the Court may issue a commission to such person directing
him to make such examination or adjustment.
• Where a preliminary decree for partition has been passed, the
Court may, in any case not provided for by section 54, issue a
commission to such person to make the partition or separation
according to the rights as declared in such decree.
• Before issuing any commission under this Order, the Court may order
such sum (if any) for the expenses of the commission to be, within a
time to be fixed, paid into Court by the party at whose instance or for
whose benefit the commission is issued.
16. Powers of Commissioners
• Any Commissioner appointed under this Order may, unless otherwise
directed by the order of appointment,-
• (a) examine the parties themselves and any witness whom
they or any of them may produce, and any other person whom the
Commissioner thinks proper to call upon to give evidence in, the
matter referred to him;
• (b) call for and examine documents and other things relevant
to the subject of inquiry;
• (c) at any reasonable time enter upon or into any land or
building mentioned in the order.
