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Order Xxvi

Order XXVI of the CPC outlines the functions and purposes of commissions, which include examining witnesses, making local investigations, adjusting accounts, and conducting sales of movable property. Commissioners have the authority to summon parties, examine documents, and proceed ex-parte if necessary. Reports generated by commissioners are considered evidence and the expenses are initially borne by the party applying for the commission.

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Diksha Santosh Sharma
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40 views2 pages

Order Xxvi

Order XXVI of the CPC outlines the functions and purposes of commissions, which include examining witnesses, making local investigations, adjusting accounts, and conducting sales of movable property. Commissioners have the authority to summon parties, examine documents, and proceed ex-parte if necessary. Reports generated by commissioners are considered evidence and the expenses are initially borne by the party applying for the commission.

Uploaded by

Diksha Santosh Sharma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ORDER XXVI – ISSUE OF COMMISSIONS

Section 75 of CPC: Functions/Purposes of Commissions


The court may issue commissions for the following purposes:
1. To Examine Witnesses
o Exception to the general rule: Normally, evidence is recorded in open court,
but commissions allow for witness examination outside the courtroom.
o Section 76: A commission to examine a witness is issued to a subordinate
court of the High Court.
o When Allowed (Order 26, Rules 1, 3, 4, 5, 7, 8):
▪ When a witness is unable to attend due to age, illness, or other valid
reasons.
▪ When a witness is outside the jurisdiction of the court.
2. To Make Local Investigation (Order 26, Rules 9, 10)
o Used to clarify facts related to land disputes, boundaries, possession, or
valuation.
o The Commissioner prepares a report based on observations and measurements.
3. To Adjust Accounts (Order 26, Rules 11, 12)
o Appointed in cases involving complex financial transactions.
o Helps in accurate settlement of accounts.
4. To Make Partition (Order 26, Rules 13, 14)
o Used in property division cases.
o The Commissioner ensures fair partition according to the legal entitlements of
parties.
5. To Hold Investigations of Scientific/Technical Nature (Rule 10-A)
o Involves expert evaluation, such as examination of machinery, forensic
analysis, medical conditions, etc.
6. To Conduct Sale of Movable Property (Rule 10-C)
o A commission can be issued for selling perishable goods or movable property
in dispute.
7. To Perform Ministerial Acts (Rule 10-B)
o Involves tasks like accounting, calculations, and administrative functions,
preventing unnecessary court delays.
Powers of the Commissioner (Rules 16, 17, 18)
1. To Summon Parties and Witnesses and Examine Them
o The Commissioner can take sworn statements and record depositions.
2. To Call for and Examine Documents
o May inspect or demand relevant records necessary for the case.
3. To Enter Property at a Reasonable Time for Investigation
o Particularly relevant in land disputes and local investigations.
4. To Proceed Ex-Parte in the Absence of a Party
o If a party does not cooperate, the Commissioner can proceed without them.
Miscellaneous Provisions
• Report of Commissioner
o Treated as evidence and cannot be rejected without sufficient grounds.
• Expenses of Commission (Rule 15)
o The party applying for the commission bears the initial expenses.
• Commission for Foreign Tribunals (Rules 19–22)
o If a foreign court requires evidence from a witness residing in India, the party
must approach the High Court within whose jurisdiction the witness resides to
issue a commission for examination.

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