The concept of ‘Commission’ is an important subject matter in the branch of CPC. Commission is an impartial person who is appointed by the Court and act as an agent of the Judge. The power of the Court to issued Commission by the Court for doing full and complete Justice between the parties.
When Commission is appointed:
It is the discretionary power of the Court to appoint a Commission and a court may appoint a Commission either or an application by a party to the suit or its own motion.
How Commission is issued:
Section 75 of the CPC enacts that the Court may issue a Commission for any of the following purposes:
- to examine any Person
- to make a local investigation
- to examine or adjust accounts
- to make a partition
At present, The Court may issue a Commission for any of the following purposes
1) to examine any Person
2) to make a local investigation
3) to examine or adjust accounts
4) to make a partition
5) to make a scientific investigation
6) to conduct for sale , And
7) to perform a ministerial act.
There are shortly discussed about the above grounds, which are given below.
To examine any Person:
Section (76 – 78), order (XXVI) 26, Rules (1 – 8) of the Code of Civil Procedure deals with the Commission to examine of witness. The court may issue a commission for the examination on interrogatories or otherwise of any person in the following circumstances: –
1) If the person to be examined as a witness reside within the local limits of the court’s Jurisdiction ;
2) If he resides beyond the local limits of the Jurisdiction of the court, or
3) If he is about to leave the Jurisdiction of the court.
To make a local investigation:
The court may, in any suit, issue a commission to such person as it thinks fit directing him to make local investigation.
To examine or adjust accounts:
In any suit in which an examination or adjustment of accounts is necessary, the court may issue a commission to such person as it thinks fit directing him to make such examination or adjustment.
To make a Partition:
Where a preliminary decree for partition of immoveable property has been passed, the court may issue a commission to such person as it thinks fit to make a partition or separation according to the rights as declared in such decree.
To make a scientific investigation:
Where any question arising in a suit involves any scientific investigation the court may issue a Commission to such person as it thinks fit, directing him to enquire into such question and report thereon to the court.
To conduct for sale:
Where, in any suit, it becomes necessary to sell any moveable property which is in the custody of the Court, pending the determination of the suit and which can not be conveniently preserved, the court may, issue a commission to such person as it thinks fit, directing him to conduct such sale and resort thereon to the court.
To perform a ministerial act:
Where any question arising in a suit involves the performance of any ministerial act which cannot, in the opinion of the Court, be conveniently performed before the court, the court may issue a commission to such person as it thinks fit, directing him to perform that ministerial act and report thereon to the court.