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Appointment of Commission Under the Civil Procedure Code (CPC), 1908

A Commission is appointed by the court under Order XXVI of the CPC, 1908 to assist in judicial proceedings by gathering evidence, inspecting property, conducting inquiries, and carrying out other necessary tasks outside the courtroom.

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Purposes for Which a Commission is Appointed

A commission may be appointed for the following purposes:

1. Examination of Witnesses (Rule 1 & 4)

   • When a witness is unable to attend court due to illness, old age, or any other valid reason, the court can appoint a commissioner to record their statement.

2. Local Investigation (Rule 9)

   • If the court needs an on-site examination (e.g., boundary disputes, property valuation), a commissioner is appointed for local inspection.

3. Scientific, Technical, or Expert Investigations (Rule 10-A)

   • When a case involves scientific or technical matters, the court may appoint experts like engineers, auditors, or medical professionals to assist in fact-finding.

4. To Examine or Adjust Accounts (Rule 11)

   • In complex financial disputes, a commissioner may be appointed to investigate and report on financial records and transactions.

5. Partition of Property (Rule 13)

   • In partition suits, a commissioner is appointed to divide the property among the legal heirs or co-owners as per court directions.

6. Sale of Property (Rule 14)

   • A commissioner may be appointed to execute a court-directed sale of property when necessary.

7. Performance of Ministerial Acts

   • The commission may carry out administrative or procedural duties required by the court.

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Functions of the Commissioner

The appointed commissioner performs the following functions:

• Recording statements of witnesses when personal appearance in court is not possible.
• Inspecting sites and preparing reports in property disputes.
• Assessing accounts in financial matters.
• Conducting technical evaluations in scientific or engineering disputes.
• Dividing property in partition cases.
• Executing court orders related to sale or other legal processes.

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Powers of the Commissioner

A court-appointed commissioner has the following powers:

1. Power to Examine Witnesses

   • Can summon and record statements of witnesses relevant to the matter.

2. Power to Conduct Local Investigation

   • Can inspect disputed properties, take measurements, and prepare reports.

3. Power to Require Document Production

   • Can call for necessary documents related to the inquiry.

4. Power to Take Evidence on Oath

   • Can administer an oath while recording witness statements.

5. Power to Seek Assistance from Experts

   • Can consult experts for technical matters.

6. Power to Make Reports and Recommendations

   • The commissioner must submit a detailed report of findings to the court.

7. No Power to Pass a Final Order

   • The commissioner acts only as a fact-finder and has no authority to give judgments.

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Conclusion

The appointment of a Commission under CPC is a crucial judicial tool to ensure fair proceedings, especially when evidence collection, property inspection, or expert evaluation is required. The Commissioner, acting as an extension of the court, plays a vital role in assisting the judicial process without having independent adjudicatory powers.