Commission: Sections 75 to 78 and Order 26 of CPC
Commission under the Civil Procedure Code (CPC)
Sections 75 to 78 of the Civil Procedure Code (CPC) outline the powers of the court to issue a
"commission." The court uses commissions to gather evidence, perform local investigations,
examine witnesses, or conduct other activities needed for fair justice, which may not be possible in a
regular courtroom setting.
Section 75: Power of the Court to Issue Commission
Section 75 provides that the court may issue a commission for:
- Examining witnesses: If a witness is unable to appear in court due to age, illness, or distance.
- Local investigations: When it's necessary to understand property boundaries, value, or damages.
- Examining accounts: For cases involving detailed financials or complicated accounts.
- Particular purposes: As per the court's discretion.
The section establishes the groundwork for appointing a commission, but the specifics are explained
further in Order 26.
Order 26: Commissions
Order 26 of the CPC contains rules and procedures for appointing commissions under various
circumstances.
1. Commission to Examine Witnesses (Rules 1-8)
- Purpose: Helps to record statements of witnesses unable to attend court.
- Case Law: K. Narasimhiah v. H.C. Singri Gowda - In this case, the court emphasized the use of
a commission when a witness is genuinely unable to appear.
2. Commission for Local Investigations (Rules 9-10)
- Purpose: Useful for assessing damages, verifying property boundaries, or estimating property
values.
- Example: In a land dispute, a local investigation can help clarify the land boundaries.
- Case Law: Rajeshwari v. Puran Indoria - The court stated that local investigations are essential
when factual evidence about property boundaries is disputed.
3. Commission to Examine Accounts (Rule 11)
- Purpose: Appointed for cases involving complex financial matters.
- Example: In disputes about profits or accounts within a partnership firm.
- Case Law: Anil Rishi v. Gurbaksh Singh - The court allowed a commission to examine accounts
to clarify partnership profits and losses.
4. Commission to Conduct Sale (Rules 12-13)
- Purpose: Used in property cases where the court orders the sale of property.
- Example: If multiple heirs dispute a property division, the court can order a commission to sell the
property and divide the proceeds.
5. Commission to Make Partitions (Rule 14)
- Purpose: Used when the court orders the division of joint property.
- Example: For cases where a family disputes the division of ancestral land.
- Case Law: Bikaji Keshao v. Khemraj - The commission was crucial for dividing family property
among heirs.
6. General Provisions and Powers (Rules 15-18)
- Expenses and Reporting: The rules also state that the court can direct the payment of expenses
to the commissioner and specify the procedures for reporting back to the court.
- Case Law: Shanti Bhushan v. Union of India - Reinforced that reports by commissioners are only
advisory; the court can accept or reject them.
Section 76: Provisions for Foreign Commissions
- Section 76 allows Indian courts to issue commissions to examine witnesses abroad, subject to
permissions from the central government. This is especially useful in cases involving non-resident
witnesses.
Section 77: Letters of Request
- Section 77 enables Indian courts to send letters of request to foreign courts to examine witnesses
when a commission cannot be appointed. It's used in international cases where gathering evidence
from abroad is necessary.
Section 78: Powers of High Courts
- Section 78 gives High Courts the authority to make rules regarding commissions. These powers
ensure the flexibility of procedures at a local level.
Summary of Important Points
- Sections 75-78 establish the legal framework for issuing commissions for examination,
investigation, and account verification.
- Order 26 lays down detailed rules for each type of commission.
- Important case laws provide judicial backing and illustrate when and how commissions are
appointed.
- Commissions are often used in cases involving distant witnesses, complex accounts, property
disputes, and international evidence gathering.
These provisions under the CPC are crucial as they ensure justice is served even when it requires
investigations outside the court. Remembering the purpose, rules, and relevant case laws will help
you in your exams.
