Commission

Contents:
 What is meant by issue of commission by the Court?
 Who can appoint a commissioner?
 Who can be appointed as a commissioner?
 Power of Court to issue commission
 Definition of commission

What is meant by issue of commission by the Court?

Commission is instruction or role given by the Court to a person to act
on behalf of the Court and to do everything that the Court requires to
deliver full and complete justice. Such person who carries out the
commission is known as a Court commissioner.
 Who can appoint a commissioner?

Who can appoint a commissioner?

Under CPC, the Court which issues the commission can appoint the
commissioner. Section 75, provides that “the Court” can issue
commission provided the limitations and restrictions applicable.
Therefore, the Court who has to decide the suit can appoint the
commissioner. Commissioner is appointed to carry out the functions for
which the commission is issued. Court has the discretionary power to
appoint the commissioner and such power can be exercised on the
application of any of the parties or the Court can issue the
commission suo moto.
 Who can be appointed as a commissioner?

Who can be appointed as a commissioner?

Generally, there is a panel of commissioners which is formed by the
High Court in which advocates are selected who are competent to carry
out the commission issued by the Court.
The person appointed as commissioner should be independent,
impartial, disinterested in the suit and the parties involved in it. Such a
person should have the requisite skills to carry out the commission.
 Power of court to issue commission under CPC

According to Section 75 of the Code of Civil Procedure, 1908, the court may issue a
commission for any of the following purposes:
1. Examination of witnesses
2. Perform a local investigation
3. For adjustment of accounts
4. To do a partition
5. To hold investigation
6. For conducting a sale
7. For the performance of a ministerial act.[4]
Where the commissioner shall report its investigation
and evidences?

According to Order XXVI Rule 4(3) the court at the time

of issuing the commission to the commissioner also
directs the reporting of the investigation to be returned
either to the same court itself from where the
commission is been issued or to any other subordinate
court. This depends on the discretion and requirement
of the court.
 Can the witness be examined by the commissioner on
the question where he shall not be?

No, the witness cannot be examined on such question,

as he shall be given ground of privilege by the court to
not been examined on such question. And the
commissioner here is restricted to do so this is provided
under Order XXVI Rule 16A(1) proviso.
Is there any provision to examine the foreign
witness?

Yes, Order XXVI Rule 19 provides the situation

and the conditions where the High Court has the
power to conduct the examination of the foreign
witness.