Article written by Advocate Alpa Jogi on Appointment of Court Commission under CPC
The purpose of issuing commission by the court is to impart complete justice to the parties to the suit. The power of issuing commission rests totally in the discretion of the judges. By issuing a commission in a particular case, the Court performs an in-depth investigation where the Court deems necessary.
Issuing of Commission can be made by the Court if it gets an application from the parties, stating the necessity for the same or sue – moto. Section 75 to 78 of the Code of Civil Procedure, 1908 speaks about the discretionary power of the Civil Courts and Order 26 to issue commission for the furtherance of complete justice. 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:
Issuing of commission for the purpose of examination of witnesses is guided by Sections 76 to 78 and by Rules 1 - 8 of Order 26 of CPC.
(2) Perform a local investigation:
This is covered by Rules 9 and 10 of Order 26 of the CPC.
(3) For adjustment of accounts:
Rules 11 and 12 of Order 26 of the CPC guide the action of conducting an investigation by the Court by issuing a commission to examine and for the adjustment of accounts.
(4) To do a partition:
This is guided by Rules 13 and 14 of Order 26 of CPC. In this case, the Court issues a Commission when a preliminary decree of partition of an immovable property has been passed by the Court.
(5) To hold investigation:
Rule 10 - A of Order 26 of the CPC guides this cause of issuing a commission.
(6) For conducting a sale:
This is guided by Rule 10 - C of Order 26 of the CPC.
(7) For the performance of a ministerial act:
The statute guiding this is Rule 10-B of the CPC. The Court issues a Commission when a requirement of the performance of a ministerial act comes.
Note : Above information is in general form, issued with a motive to help. Author disowns any kind of liability.
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