What is meant by the issue of commission by the court?

A role given by the court to a person who is required to act

on behalf of the court and deliver full and complete justice.
 COMMISSI
The court's commission is intended to provide tot al
ONS
justice to the parties to t he compl aint. The ability t o
appoint commissions i s entirel y in the hands of the
judges. By establishing a commission in a specific
matter, the Court conducts an extensive i nqui ry if t he
Court deems i t essent ial.
The Court may issue a Com m ission if it receives an application
from the parties expressing the necessity for the same or suit -
m oto. Sections 75 to 78 of the Code of Civil Procedure, 1908
deals about the Civil Courts' discretionary ability to issue
com m issions for the advancem ent of com prehensive justice, as
does Order 26 . The court m ay issue a com m ission for any of the
following purposes, according to Section 75 of the Code of Civil
Procedure, 1908:
• to examine any person;
• to make a local investigation;
• to examine or adjust accounts;
• to m ak e a partition;
• to hold a scientific, technical, or expert investigation;
• 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;
• to perform any ministerial act.
Examination of witnesses
Sections 76 to 78 of Order 26 govern the issuance of commissions for the purpose of questioning

witne sses.

The Court relaxes the rule of attendance in the Court and issues commission only if the Court finds tha t

the reason for non - attending the court is justified. The rea sons for non - attendance of the witnesse s may

be on the grounds of illne ss, or if the witness reside s beyond the local limits of the jurisdiction of the

Court or any other reasons as the Court may find sufficient.

In the case of Paramhansa Ramkrishna v. Trimbak Rajaram, the court ha d issue d a c ommission to rec ord

the evidence of the witness who was a Parma hansa. Parmahansa are pe ople who practic e various religious

rituals and practices and due to whic h they remain and roam around naked.
to make a local investigation

This is covered by Rules 9 and 10 of Order 26 of the Code of Civil Procedure . Courts can issue

commission where it finds that there is a need to:

• To ge t a prope r c l a rit y re ga rdi ng a m a t te r in di sput e ; &

• To ge t a prope r va l ua tion of the prope rt y in di spute i f a ny, or if a ny da ma ge s or me sne profits is

invol ve d in the c la i m of a suit, the n fi nding the e xa c t a m ount for t he sa m e .

In t he c a se of Southe rn Com m a nd Mi li ta ry E ngg. Se rvi c e s E m ploye e s Coop. Cre dit Soc ie ty v. V.K.K.

Na m bia r, the c ourt ha d t o issue a c om m i ssion t o find out whe the r the t e na nts ha d re a lly oc c upie d the

pre m ise s in disput e of the sui t. T his wa s a pe c ul ia r sit ua ti on whic h c a n only be a sc e rta ine d by

visi ti ng the pl a c e a nd c onduc ting inve stiga tion.

to examine or adjust accounts

Rules 11 and 12 of Order 26 of t he Code of Ci vi l Procedure, 1908 gui de t he act i on

of conduct i ng an investigation by the Court by i ssui ng a com m i ssi on t o exam i ne

and for the adjustm ent of account s. The Court i ssues gives necessary i nst ruct ions

to the com m i ssioner and the report s provided by t he Com m issi oner shal l t hen be

deem ed to be evidence in the Court

to make a partition
This is guided by Rules 13 and 14 of Or de r 26 of Code of Civi l Procedure, 1908.
In this case, t he Court issues a Com m issi on whe n a pre li m i nary decre e of pa rt it i on
of an im m ovable property has bee n passed by t he Court . The duty of t he
Comm i ssi on i s to make the part i ti on a ccordi ng t o t he gui del ines provi ded by t he
decree.
After part i ti oning and allotting t he part s of t he pr oper ty t o t he ri ght ful owners,
t he Com m i ssioner prepares a repor t a nd provi des it t o t he Court . Af te r al lot t ing, if
any part y obje cts or is unsatisfi ed of som e thi ng, t he Cour t hear s t hei r obj ect i ons
and passes a fi nal allotment de cree
to hold a scientific, technical, or expert investigation

Rule 10 - A of Order 26 of the Code of Civil Procedure, 1908 guides

this cause of issuing a commission. When the Court finds that the issue

of a case deals with any peculiar dispute which requires a scientific

investigation and which cannot be successfully conducted in the Court

premises, the Court issues a commission to investigate into the matter

and inquires into the matter.

to conduct sale of property
This is guided by Rule 10 - C of Order 26 of the Code of Civil
Procedure, 1908 . The Court issues a commission when selling
movable property in pending cases, if it cannot be preserved or in
the interest of justice, and the Commissioner is tasked with selling
the property.
to perform any ministerial act
The statute guiding this is Rule 10-B of the Code of Civil
Procedure, 1908.
Ministerial Acts constitutes works like accounting, calculation
and works of the same nature. The ministerial acts do not require
the application of judicial mind and if done by the Court, it would
lead to wastage of Court’s precious time. The Court issues a
commission who would perform all the ministerial acts as required
and after completion the Commissioner shall provide the report to
the Court.
 CONCLUSION
The Co urt m ust exercise judicial discretion when
appo inting a Commissioner, who typically examines
witne sse s a nd c onducts local investigations. Commissions
reduc e the Court's workload and speed up justice,
espec ia lly wh en important witnesses are unavailable due to
illness or dista nc e. Commissions also aid in clerical work
and e luc id ate disputes, allowing for well-informed
decisions. The y a lso reduce court expenses, as the party
whose insta nc e the commission is set up bears the costs.
The Co mm issione r acts under the Court's instructions and
can b e re pla c ed if necessary. Court control can prevent
corruption.
THAT’S ALL
FOLKS! ANGELA
FERNANDES
THANKS ROLL NO. 1 4

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WATCHING.