State the purposes for which the Court issues a Commission? Mention also the provisions of issuing a Commission. Or In what cases may the Court issue a Commission?

Question: State the purposes for which the Court issues a Commission? Mention also the provisions of issuing a Commission. Or In what cases may the Court issue a Commission? [UPCJ 1985, 2018]

Find the answer only on Legal bites. [State the purposes for which the Court issues a Commission? Mention also the provisions of issuing a Commission. Or In what cases may the Court issue a Commission?]

Answer

The Commission is instruction or role given by the Court to a person to act on behalf of the Court and to do everything that the Court requires to deliver full and complete justice. Such a person who carries out the commission is known as a Court Commissioner.

Section 75 of the Civil Procedure Code, 1908 provides that “the Court” can issue commission provided the limitations and restrictions apply. The general powers of courts in regard to commissions have been summarised in this section. The detailed provisions are set forth in O XXVI. This section has set out the purposes for which a commission can be issued, there is no question of the court invoking its inherent jurisdiction to issue a commission for any other purpose.

Order XXVI and Section 75 deal with the power of the court to issue commissions which are issued for the following purposes:

• Commissions to examine witnesses, reference may be made to rules 1 to 8 of O XXVI
• Commissions for local: rules 9-10 of O XXVI
• Commissions to examine or adjust accounts: rules 11-12 of O XXVI
• Commissions to make partition: rules 13-14 of O XXVI
• Commissions for Scientific investigations: rule 10-A of O XXVI
• Commissions for sale of movable property: rule 10-C of O XXVI
• Commissions for the performance of a ministerial act: rule 10-B of O XXVI
• General Provisions: rules 15 to 18-B of O XXVI
• Clauses (e) to (g) which relates to holding a scientific, technical, or expert investigation; 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; and to perform any ministerial act have been added by the Amending Act of 1976.
• It was felt that the Court should be authorized to issue commissions for technical and expert investigation. These Clauses have been added to confer power on the Court to issue commissions for conducting scientific inquiries as and when required for determining any issue before the Court.

The power of the Court to issue commission is discretionary. The fact that the witnesses examined on commission cannot be effectively cross-examined or their examination will entail heavy costs are not sufficient circumstances, to interfere with the discretion of the Court in appeal. The question of whether the witnesses would appear before the commissioner or not is also irrelevant. It is for the party to produce the witnesses before the commissioner.

The Court has also been empowered to appoint commissions to hold sales otherwise than in execution, as also to issue commissions for the performance of any ministerial act.

Commissioners have undoubtedly got the power to assist the court while it performs and executes the judicial function. Like Commissioner has got no authority to value the suit property because that is the part of the judiciary.

In the case of Bandhua Mukti Morcha v. Union of India [A.I.R. 1984 SC 802], it was held that both the Courts i.e. Supreme Court and High Court under the Indian Constitution have got right to opt plenary powers to issue a Commission for any purpose.

---

Important Mains Questions Series for Judiciary, APO & University Exams

• CPC Mains Questions Series: Important Questions Part – I of X
• CPC Mains Questions Series: Important Questions Part – II of X
• CPC Mains Questions Series: Important Questions Part – III of X
• CPC Mains Questions Series: Important Questions Part – IV of X
• CPC Mains Questions Series: Important Questions Part – V of X
• CPC Mains Questions Series: Important Questions Part – VI of X
• CPC Mains Questions Series: Important Questions Part – VII of X
• CPC Mains Questions Series: Important Questions Part – VIII of X
• CPC Mains Questions Series: Important Questions Part – IX of X
• CPC Mains Questions Series: Important Questions Part – X of X