Introduction

A commission is a judicial process by which the court appoints a person to

investigate or inquire into a matter and to report back to the court.

They are issued under Order 26 of the Code of Civil Procedure, 1908 (CPC).

Commissions are issued for a variety of purposes, such as:

a. To examine a witness who is unable to come to court.

b. To examine a document or object that is not in the court's possession.
c. To conduct an investigation into a particular matter, such as the
condition of a property or the valuation of goods.
 1. Examination of
witnesses 2. Local
A court may issue a investigation
commission to A court may issue a
examine a witness commission to make
who is unable to a local investigation
attend the court due into any matter at
to sickness, infirmity, issue in a suit.
or any other cause.

Types of Commissions
3. Examination of
4. Partition of
accounts
immovable property
A court may issue a
A court may issue a
commission to
commission to
examine the
partition immovable
accounts of any
property in a suit.
party to a suit.
Application for a commission
An application for a commission may be
made by either party to the suit.

The application must state the purpose

of the commission and the name of the
person who is being proposed to be
appointed as commissioner.

The court will issue a commission if it is

satisfied that the commission is necessary
for the fair and just disposal of the suit.
Limitation Act, 1963
Introduction
The Limitation Act, 1963 is a law that sets out the time limits
within which certain types of legal proceedings must be filed. The
purpose of the Limitation Act is to prevent stale claims from being
brought to court and to promote certainty in the law.

Examples: Suit for recovery of money: 3 years

•Suit for possession of immovable property: 12 years
•Suit for divorce: 1 year
•Appeal to the Supreme Court: 90 days
Consequences of filing a proceeding
beyond the Limitation period
If a proceeding is filed beyond the Limitation period, it will be
barred by limitation. This means that the court will not hear
the proceeding and will dismiss it.

How to avoid bar by limitation

Filing the proceeding within the Limitation period.

Obtaining an acknowledgment of debt or a fresh promise from the other

party.

Approaching the court for an extension of the Limitation period.

Calculation of Limitation Period
The Limitation period is
calculated from the date on
which the right to sue accrues.
The right to sue accrues on the
date on which the cause of action
arises.
Exceptions to the Limitation period
Disability: The Limitation period will not start to run
against a person who is under a disability, such as a minor
or a person of unsound mind, until the disability ceases.

Fraud: The Limitation period will not start to run against a

person who has been defrauded until they discover the
fraud.

Concealment of facts: The Limitation period will not start to

run against a person whose right to sue has been concealed
by the other party.
 Conclusion
The Limitation Act is an important law that helps
to ensure that legal proceedings are filed within a
reasonable time. It is important to be aware of the
Limitation period for the type of proceeding that
you wish to file, so that you can avoid your
proceeding being barred by limitation.